Recognition of same-sex unions in Brazil
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There is continued debate in the Brazilian legislative and judicial branches about the legal status of same-sex couples. While there has been a bill in Congress since 1995 which aims to estabilish same-sex civil unions, which has never been put to a vote, a 2006 decision by the Supremo Tribunal de Justiça states that same-sex couples are de facto partners, which have less rights than civil unions.
A meeting to discuss gay rights and battle homophobia will be held in May 2008 and involve representative from the president's office, cabinet members and legislators. Lula da Silva has recommended that the agenda of this meeting include the discussion on the recognition of same-sex relationships and proposals to allow gay and lesbian couples to adopt children. [1]
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[edit] 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 the federal Constitution ignore same-sex couples, not recognizing nor forbidding their recognition, except for the definition of marriage as between a man and a woman. As the debate in the states and the Congress goes on, some rights have been given to same-sex couples as a result of court decisions since 1998.
These rights granted through judicial decisions cover matters such as inheritance, immigration, and state pension and welfare benefits.[2] Brazil allows homosexual couples the right to inherit each other's pension and social security benefits[citation needed].
Civil unions, de facto partnerships, "stable unions" under commonlaw and actual marriage are the four "categories" for a relationship in Brazil. No same-sex couple is yet considered married in Brazil, but there are varying levels of 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 São 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.
João Gilberto Gonçalves, a federal prosecutor, 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 "prejudice as to origin, race, sex, colour, age and any other forms of discrimination." The 99-page [3] Action document 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 settled by Congress. Had the prosecutor's arguments been accepted by the judge, the decision would have immediately allowed same-sex marriage in all Brazilian states.
The state of Rio de Janeiro gives same-sex benefits to the partners of government employees.
[edit] Bill No. 1151
A bill on gay civil unions was introduced in Congress by former congresswoman Marta Suplicy. Bill project 1151, which aims to change federal law in order to establish same-sex civil unions, has been pending in the House since 1995 and was the theme of the 2005 São Paulo Gay Pride Parade. The bill has been debated many times, but has never been brought to a vote. Then-Speaker of the House Severino Cavalcanti was expected to end debate and bring the bill to a vote in late 2005, but corruption charges forced his resignation. Despite the anticipated vote, Calvalcanti strongly opposed the bill.
[edit] Civil Unions in Rio Grande do Sul
The state of Rio Grande do Sul legalized civil unions after a court decision in March 2004.[4] 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.
[edit] Notes
- ^ Brazil President Calls Gay Leaders To Landmark LGBT Rights Summit, 365gay.com,6 December 2007
- ^ Countries that recognise or proposed to recognise same-sex relationships, Stonewall UK
- ^ 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 (Portuguese)
- ^ Brazilian go-ahead for gay unions, BBC News, 5 March 2004
[edit] External links
- (English) [1] — Full text of Bill Project 1151 (Unofficial Translation)
[edit] See also
- LGBT rights in Brazil
- Marriage, unions and partnerships by country
- LGBT rights by country
- Timeline of LGBT history
- Homosexuality laws of the world
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