Débora Zampier Reporter Agencia Brasil

Brasilia – The Brazilian Supreme Court has given legal recognition to stable homosexual unions. That means a gay couple will now have the same rights (and obligations) as a family entity (“entidade familiar”). In practical terms, a gay couple will be considered a family and the partners will be able to give one another an inheritance or a pension, share social security benefits and health plans, include the companion on an income tax return, as well as, in the case of separation, receive alimony and property. And as of now, a gay couple can adopt children and register them in their names.

That is just a small list because, according to Maria Berenice Dias, of the Brazilian Institute of the Family Rights (“Instituto Brasileiro de Direito da Família – Ibdfam”), heterosexual couples had no less than 112 restricted rights that a gay couple did not have.

The vote at the Supreme Court was unanimous (10 – 0), with one justice not participating (Antonio Dias Toffoli recused himself because of work he did when he was the head of the Government Attorney Office (“Advocacia Geral da União – AGU”).

In spite of the unanimous vote, three justices, Lewandowski, Mendes and Peluso, pointed out that the decision was limited and did not resolve all the issues in the question of homosexual unions. The judges insisted that what was needed was specific legislation on rights, legislation that only the Congress could take care of.

The Chief Justice (“presidente”) of the Supreme Court, Cezar Peluso, made it clear that there should be a specific law by the Congress, saying Congress was responsible for more specific legislation on the rights of homosexuals. “We convoke the Legislative branch to take on this task – something they have not been eager to do in the past: implement appropriate legislation (“regulamentar essa equiparação”),” declared the Chief Justice.

According to Peluso, the Supreme Court decision was a kind of stopgap measure due to a legal lacuna that should be filled by a law. The Chief Justice said the court had ruled that hetero- and homosexual relations were similar, but that did not mean that in legal terms they were automatically equal.

“Today’s important decision opens the door for action by the legislature. Members of Congress must step up and do their part by creating the appropriate legislation that will ensure that the Court’s ruling will be effective,” declared Peluso.

Lewandowski added that the decision “…was an opening of the doors for homosexual unions, but not a closing of the doors in the Legislature.”

[Note: a number of bills on homosexual rights are bogged down in Congress (and have been bogged down for a long time) with little possibility of quick approval due to strong opposition by the Catholic church and many members]

Allen Bennett – translator/editor The News in English

Link - Por unanimidade, Supremo reconhece legalidade da união homossexual estável

Link - Presidente do STF convoca Legislativo a “se expor” para regulamentar direitos dos homossexuais