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 partnership that is domestic the Supreme Court

Brazil has a tremendously complex and step-by-step Constitution that contains conditions regarding household legislation. With its art. 226 it establishes that family is the basis of culture and it is eligible to unique security by their state.

The Constitution expressly states that the domestic partnership between “a man and a woman” constitutes a family and is therefore entitled to special protection by the State on defining family. More over, it determines that the law must further the transformation of domestic partnerships into marriage.

Art. 1723 of this Brazilian Civil Code additionally clearly determines that the partnership that is domestic a man and a female constitutes a family group.

That which was expected of this Supreme Court would be to declare it unconstitutional to interpret the Civil Code as excluding domestic partnerships between individuals of the exact same sex from being considered families for appropriate purposes.

The Supreme tried the case Court on May cam camhub 2011. Ten justices took part within the test 19 and unanimously voted to declare this interpretation for the Civil Code (and, consequently, for the text that is constitutional) unconstitutional. When their specific viewpoints and arguments are thought, nevertheless, you are able to notice a significant divide. 20

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