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 which has conditions regarding household law. With its art. 226 it establishes that family may be the foundation of culture and it is eligible to protection that is special their state.

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

Art. 1723 regarding the Brazilian Civil Code additionally explicitly determines that the partnership that is domestic a man and a lady comprises a household.

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

The Supreme tried the case Court on might 2011. Ten justices took part into the test 19 and unanimously voted to declare this interpretation associated with the Civil Code (and, consequently, of this text that is constitutional) unconstitutional. Continuar leyendo “FROM SAME-SEX DOMESTIC PARTNERSHIP TO SAME-SEX MARRIAGE: THE 2011 RULINGS”