Recognition of same-sex unions in Brazil

There is continued debate in the Brazilian legislative and judicial branches about the legal status of same-sex couples^{[citation needed]}. While there has been a bill in Congress since 1995 which aims to estabilish same-sex civil unions^{[citation needed]}, which has never been put to a vote^{[citation needed]}, a 2006 decision by the Supremo Tribunal de Justiça^{[citation needed]} states that same-sex couples are de facto partners, which have less rights than civil unions^{[citation needed]}.

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^{[citation needed]}, immigration^{[citation needed]}, and state pension and welfare benefits^{[citation needed]}. 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^{[citation needed]}. However, there is not a consensus about the definition of stable union^{[citation needed]}. The policy also allows people in same-sex relationships to declare their partners as dependents on income tax returns^{[citation needed]}. The National Social Security Institute's policy change is the result of a recent court ruling^{[citation needed]}. Brazil allows foreign partners of its homosexual citizenry to receive residency permits^{[citation needed]}.

On July 12, 2005 a São Paulo judge ruled that same-sex couples can adopt children^{[citation needed]}. It is believed the case is the first in Brazil where a gay couple has been allowed to jointly adopt a child^{[citation needed]}.

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^{[citation needed]}, which outlaws "prejudice as to origin, race, sex, colour, age and any other forms of discrimination." The 99-page ^[1] 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 ^{[citation needed]}. Had the prosecutor's arguments been accepted by the judge, the decision would have immediately allowed same-sex marriage in all Brazilian states^{[citation needed]}.

The state of Rio de Janeiro gives same-sex benefits to the partners of government employees^{[citation needed]}.

Bill No. 1151

Main article: Brazilian Congressional Bill No. 1151

A bill on gay civil unions has been introduced in Congress: former congresswoman Marta Suplicy bill project 1151 aims to change federal law in order to establish same-sex civil unions^{[citation needed]}. The bill had been pending in the House since 1995 and was the theme of the 2005 São Paulo Gay Pride Parade^{[citation needed]}. The bill has been debated many times^{[citation needed]}, 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.^{[citation needed]} Despite the anticipated vote, Calvalcanti strongly opposed the bill.

Civil Unions in Rio Grande do Sul

The Brazilian state of Rio Grande do Sul legalized civil unions after a court decision in March 2004.^[2] Same-sex couples in committed relationships can register at any notary public office. Although it does not affect federal rights^{[citation needed]}, it gives same-sex couples more equality in many areas^{[citation needed]}. 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

External links

• (English) [1] — Full text of Bill Project 1151 (Unofficial Translation)

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

Civil unions in South America
Sovereign states	Argentina · Bolivia · Brazil · Chile · Colombia · Ecuador · Guyana · Panama* · Paraguay · Peru · Suriname · Trinidad and Tobago* · Uruguay · Venezuela
Dependencies	Aruba* (Netherlands) · Falkland Islands (UK) · French Guiana (France) · Netherlands Antilles* (Netherlands) · South Georgia and the South Sandwich Islands (UK)
* Territories also in or commonly reckoned elsewhere in the Americas (North America).

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