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 step-by-step Constitution which has conditions family law that is regarding. With its art. 226 it establishes that family may be the foundation of culture and it is eligible for protection that is special hawaii.

On defining family members, the Constitution expressly states that the domestic partnership between “a man and a female” comprises a family group and it is consequently eligible for special security by the State. More over, it determines that the legislation must further the transformation of domestic partnerships into wedding.

Art. 1723 regarding the Brazilian Civil Code also clearly determines that the partnership that is domestic a guy and a lady comprises a household.

That which was expected associated with Supreme Court was to declare it unconstitutional to interpret the Civil Code as excluding domestic partnerships between people of the same sex from being considered families for appropriate purposes.

The Supreme tried the case Court on might 2011. Ten justices participated within the trial 19 and unanimously voted to declare this interpretation associated with the Civil Code (and, consequently, regarding the constitutional text it self) unconstitutional. Continue reading “FROM SAME-SEX DOMESTIC PARTNERSHIP TO SAME-SEX MARRIAGE: THE 2011 RULINGS”