FROM SAME-SEX DOMESTIC PARTNERSHIP TO SAME-SEX MARRIAGE: THE 2011 RULINGS

FROM SAME-SEX DOMESTIC PARTNERSHIP TO SAME-SEX MARRIAGE: THE 2011 RULINGS

We. Same-sex domestic partnership at the Supreme Court

Brazil has a rather complex and detailed Constitution which contains conditions regarding family members law. With its art. 226 it establishes that family may be the foundation of culture and it is eligible to special security by their state.

On defining family, the Constitution expressly states that the domestic partnership between “a man and a lady” constitutes a family group and it is consequently eligible to unique security by the State. Moreover, it determines that the statutory legislation must further the transformation of domestic partnerships into wedding.

Art. 1723 of this Brazilian Civil Code additionally explicitly determines that a partnership that is domestic a guy and a lady comprises a family.

The thing that was asked regarding the Supreme Court would be to declare it unconstitutional to interpret the Civil Code as excluding domestic partnerships between individuals of the same intercourse from being considered families for appropriate purposes.

The situation had been tried because of the Supreme Court on might 2011. Ten justices participated in the test 19 and unanimously voted to declare this interpretation regarding the Civil Code (and, consequently, associated with text that is constitutional) unconstitutional. 继续阅读“FROM SAME-SEX DOMESTIC PARTNERSHIP TO SAME-SEX MARRIAGE: THE 2011 RULINGS”