Monday, May 23, 2011

Federal Supreme Court in Brazil votes unanimously in favor of homosexual civil union

The Supreme Court in Brazilia (STF) has taken an historical step in Brazil by recognizing the civil union of partners of the same sex. They unanimously defined that homosexuals are to be recognized as a family. They may even file income tax jointly. So, theoretically, gay couples will be entitled to social security, asset division and inheritance.
In fact, the rules of a stable civil union will be applied analogically as per the Brazilian Civil Code (article 1.723).  The law requires evidence of a continuous and lasting public relationship. The decision is like will force Congress to regulate the peculiarities of a gay relationship.    

Article 226 of the Brazilian Constitution mentions a stable union as familiar entity of a man and a woman, but now the text is being interpreted as an example, not as being the only definition. The decision is considered a landmark one in Brazil. The ANOREG (Association of Notary and Index Registration in Brazil) will give guidance of their association of how to draft an agreement for stable unions with partners of same sex.  This agreement will set forth the terms of the relationship such as the effective date, how to the assets could be divided and what happens at the time of death or separation. There is still a great deal of resistance in the Congress and in society in general.  The thought, at least in part, is that the courts are in effect passing legislation.

Resource: http://www.jusbrasil.com.br/noticias/2675569/entenda-como-ficam-as-unioes-homoafetivas-a-partir-da-votacao-do-stf.  If you need the translation of the STF decision please write to brazilianviews@gmail.com

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