Lívia Gonçalves Buzolin describes and analyzes this debate in detail, taking into account the relation between Congress and the Supreme Court. In fact, Congress has been debating a number of statutes on this matter, some in favor of same-sex marriage, and others against it. “Homossexualidade, religião e direitos: a controvérsia sobre o Estatuto da Família no Brasil”. In the meantime, as a reaction to these developments, Congress has been debating a new statute to expressly restrict the concept of family to heterosexual couples, therefore banning same-sex marriage ( Nagamine Barbosa Nagamine, Renata Reverendo Vidal Kawano Barbosa, Olívia Alves.
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“Em três anos, cartórios registraram 19,5 mil casamentos homoafetivos”. Last accessed on: 28 February 2019.īetween 20, 19,522 same-sex couples were legally married in Brazil. 4 4ĬNJ (Conselho Nacional de Justiça), Resolução 175/2013. 1.003-7).īased on an interpretation of the Supreme Court ruling on same-sex domestic partnerships, the Superior Court of Justice later that same year granted a lesbian couple the right to get a marriage license.įinally, two years later, based on these High Court rulings, the National Justice Council, which is the authority responsible for regulating and supervising officials that issue marriage licenses and perform weddings, allowed same-sex marriages without the need of a prior permission issued by a court of justice. The American Journal of Comparative Law 60, 2012, pp. “We Are Family! Legal Recognition of Same-Sex Unions in Brazil”. This is due to the fact that gay marriage advocates in Brazil adopted an incremental approach to gay marriage litigation, aiming first at the recognition of same-sex domestic partnerships as families under the law ( Moreira Moreira, Adilson José. What is most interesting in this case is that the ruling by the Supreme Court was in fact not about same-sex marriage, but about same-sex domestic partnerships. Adilson José Moreira describes this process in detail and explains why an incremental approach was the preferred litigation strategy (Moreira, 2012). 3 3īefore it reached the high courts, the question made its way through lower courts. The Superior Court of Justice (Superior Tribunal de Justiça) is the highest court in matters concerning federal law.īoth from 2011, and one administrative act by the National Justice Council (Conselho Nacional de Justiça - CNJ), in 2013.
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The social battle for same-sex marriage in Brazil played out in the Judiciary and was accomplished through one ruling by the Supreme Court (Supremo Tribunal Federal - STF), one ruling by the Superior Court of Justice (Superior Tribunal de Justiça - STJ), 2 2