Misplaced Pages

Same-sex marriage in Brazil

Article snapshot taken from Wikipedia with creative commons attribution-sharealike license. Give it a read and then ask your questions in the chat. We can research this topic together.

This is an old revision of this page, as edited by A.Z. (talk | contribs) at 17:36, 18 November 2006 (→Court rulings). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

Revision as of 17:36, 18 November 2006 by A.Z. (talk | contribs) (→Court rulings)(diff) ← Previous revision | Latest revision (diff) | Newer revision → (diff)
Part of the LGBTQ rights series
Legal status of
same-sex unions
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. Neither performed nor recognized in six British Overseas Territories.
  4. ^ Neither performed nor recognized in some tribal nations of the US. Recognized but not performed in several other tribal nations and American Samoa.
  5. Registered foreign marriages confer all marriage rights in Israel. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. Guardianship agreements confer some limited legal benefits in China, including decisions about medical and personal care.
  9. Hong Kong provides inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. Indian courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. Most Japanese cities and prefectures issue partnership certificates, but they are not legally binding.
  12. Marriages conducted abroad between a Namibian national and a foreign spouse provide residency rights in Namibia.
  13. Romania provides hospital visitation rights through a "legal representative" status.
  1. Not yet in effect.
LGBTQ portal

There is controversy in Brazilian Legislative and Judiciary federal branches about the legal status of same-sex couples. While there is a bill project on Parliament since 1995 which aims to estabilish same-sex civil unions, but has never been put to a vote, a 2006 decision by the Supremo Tribunal de Justiça states that same-sex unions are de facto societies, which have less rights than civil unions.


Court rulings

Except for the State of Rio Grande do Sul, which allows same-sex civil unions, no other State Law allows nor forbids them. Marriage is a Federal matter and States can´t legislate on this. Federal Law and Constitution ignore same-sex couples, not recongnizing nor forbiding them at any level, except for the definition of marriage, which requires both a man a woman. As the debate in States and Parliament goes on, since 1998 many rights have been given to same-sex couples as a result of court decisions.

These rights cover matters such as inheritance, immigration, and state pension and welfare benefits. Brasil allows homosexual couples the right to inherit each other's pension and social security benefits.

Civil union, de facto society, stable union and marriage are the four "categories" for a relationship in Brazil. No same-sex couple is considered married in Brazil, but there is debate about the other categories.

Homosexual Brazilians who can prove that their relationship is a "stable union" will be treated by the National Social Security Institute no differently than a married couple in cases of retirement or death. However, there is not a consensus about the definition of stable union. The policy also allows people in same-sex relationships to declare their partners as dependents on income tax returns. The National Social Security Institute's policy change is the result of a recent court ruling. Brazil allows foreign partners of its homosexual citizenry to receive residency permits.

On July 12, 2005 a Sao Paulo judge ruled that same-sex couples can adopt children. It is believed the case is the first in Brazil where a gay couple has been allowed to jointly adopt a child.

Joao Gilberto Gonçalves, a federal prosecutor, has filed a Public Civil Action in July 2005 charging the country's prohibition of same-sex marriage as being opposed to the 1988 constitution, which outlaws discrimination on the basis of gender. The 99 pages long Action document and mentions several court rulings and newspaper reports on gay rights. The court ruling decided the matter was not to be decided in court: it should rather be dealt with in the Congress. In case the prosecutor´s arguments were accepted, the judge´s decision would have immediately allowed same-sex marriage in all Brazilian states.

The state of Rio de Janeiro gives same-sex partner benefits to government employees.

Bill project 1151

Main article: Brazilian Congress Bill Project 1151

A bill project about gay civil unions is already in Congress: former congresswoman Marta Suplicy bill project 1151 aims to change the constitutional text in order to include same-sex marriage. The project is in the House since 1995 and its approval was the reivindication of 2005 São Paulo Gay Parade. The project was debated many times, but has never been submitted to voting. The President of the House Severino Cavalcanti was about to bring about an end to the debates in late 2005, submiting the project to voting, but he had to renounce before, accused of corruption.

Civil Unions in Rio Grande do Sul

Main article: Civil Unions in Rio Grande do Sul

The Brazilian state of Rio Grande do Sul legalised civil unions after a court decision in March 2004. Same-sex couples in committed relationships can register at any notary public office. Although it does not affect federal rights, it gives same-sex couples more equality in many areas. Same-sex couples who register have the right to jointly own property, establish custody of children, and claim the right to pensions and property when one partner dies.

Notes

  1. http://www.prsp.mpf.gov.br/taubate/acp/acp_casamento.pdf Full text of the Ação Civil Pública asking the recognition of same-sex marriage in Brazil Template:Pt icon

See also

Civil unions in South America
Sovereign states
Dependencies and
other territories
Categories: