Showing posts with label Brazil. Show all posts
Showing posts with label Brazil. Show all posts

Wednesday, 15 May 2013

Brazilian judicial council: Notaries must recognize same-sex marriage

The Brazilian National Council of Justice, which oversees the nation's judiciary, passed a resolution Tuesday that denies notaries the right to refuse to perform same-sex marriages.


In Brazil, notaries officiate marriages and civil unions.

Recently, 12 Brazilian states began allowing same-sex couples to marry or convert their civil unions into marriages. However, since the Supreme Court does not carry legislative powers, it was up to each notary to officiate at their discretion, and many refused, citing the lack of law.

Joaquim Barbosa, president of the Council of Justice, said in the decision that notaries cannot continue to refuse to "perform a civil wedding or the conversion of a stable civil union into a marriage between persons of the same sex."

Barbosa, who also presides over the Supreme Court, says the resolution merely follows the transformation of society.

"Our society goes through many changes, and the National Council of Justice cannot be indifferent to them," he said.

Civil unions between same-sex couples have been recognized in Brazil since 2011, after the Supreme Court ruled that the same rights and rules that apply to "stable unions" of heterosexual couples would apply to same-sex couples, including the right to joint declaration of income tax, pension, inheritance and property sharing. People in same-sex unions are also allowed to extend health benefits to their partners, following the same rules applied to heterosexual couples.

Brazilian lawmakers have debated same-sex marriage, but in most cases, the bills introduced have not progressed through Congress.

Brazilian neighbors Uruguay and Argentina are the only other two countries in Latin America that have laws allowing same-sex couples to marry.





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Wednesday, 26 October 2011

Brazil Supreme Court confirms Gay Marriage

 Technically, Argentina is the only Latin American country with legislation to recognize same-sex marriages, but in Brazil, the courts have in effect provided for full marriage equality without legislative approval. The Supreme Court has previously confirmed that same-couples have the right to legal recognition for civil unions, and some state courts have confirmed that these civil unions may be converted into full marriages. In a new decision, the Supreme Court has confirmed this.


In June, a state court judge ruled that two men could legally change their civil union into a full marriage.
It was in May that Brazil’s Supreme Court ruled that gay civil unions could be recognized. But the top court stopped short of recognizing full marriages.
Since then, several couples have petitioned to have their civil unions recognized as full marriages. Some of those have been approved at lower courts, others blocked.
Tuesday’s ruling by the Supreme Appeals Court overturned two lower court’s ruling against the women.
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