Texto en inglés
Brazilian Supreme Court gives unanimous judgement in favour of the legal
recognition of same sex partnerships
For the National Brazilian LGBT Association – ABGLT, this is a victory for
equal rights
“The love that dare not speak its name” (Oscar Wilde), has finally been
recognized in Brazil. On Thursday, May 5th 2011, a two-day session of the
country’s Supreme Court decided in favour of civil union between homosexual
couples.
In their speeches, the ministers of the court based their arguments in
favour of the legal recognition of same sex partnerships on fundamental
constitutional precepts, in particular the precepts of equality, freedom,
human dignity and legal protection.
The Supreme Court decision means that same sex couples in Brazil now have
the same rights as straight couples.
The court’s judgement was accompanied by federal government authorities and
their teams, including Minister Maria do Rosário, responsible for the
President of the Republic’s Human Rights Secretariat; Justice Minister, José
Eduardo Cardozo; the Solicitor General, Luís Inácio Lucena Adams; the
Attorney General, Roberto Gurgel; as well as Senator Marta Suplicy – a
longstanding defender of LGBT rights; and Federal Congressman Jean Wyllys.
The Supreme Court’s judgement arose as a result of the filing of two suits.
The first suit was filed in 2008 by the government of the state of Rio de
Janeiro, claiming the right of state government civil servants living in
stable same sex relationships to the same leave, pension and care rights
enjoyed by heterosexual couples. The second suit was filed by the Attorney
General’s Office, requiring the “recognition in Brazil of the partnership
between same sex couples, as a family entity, as long as the same
requirements for stable relationships between a man and a woman are met; and
that the same rights and duties of partners in stable relationships are
extended to relationships between people of the same sex”.
For Toni Reis, president of the Brazilian Lesbian, Gay, Bisexual and Trans
Association – ABGLT “the Supreme Court decision is a victory for democracy.
No one has lost as a result of the decision, not even those who are
contrary, but a significant proportion of Brazilian men and women have
gained access to equal rights guaranteed by the Federal Constitution thus
far denied to same sex couples. The Supreme Court has given an excellent
example to the National Congress, which has not advanced with this issue
since it was first submitted in 1995, through Bill No. 1151/95, proposed by
the then Congresswoman and current Senator Marta Suplicy. This is yet
another victory in the battle against inequality. We shall continue to
demand that the National Congress approve legislation to criminalize
homophobic discrimination and to recognize civil marriage between same sex
couples.”
On behalf of ABGLT, Reis extended thanks to the Governor of the state of Rio
de Janeiro, Sérgio Cabral and his team, for taking the stance and initiative
to file the suit;. Deborah Duprat and Attorney General’s Office for the suit
it filed; Supreme Court Minister Ayres Britto, rapporteur for the two suits,
for his favourable decision; the Amici Curiae who defended the case during
the Supreme Court’s session on May 4th; President Lula and President Dilma
and their teams, for their favourable position in recognizing same sex civil
partnerships; the Supreme Court ministers for their favourable decision; the
Brazilian LGBT movement for its longstanding efforts to achieve equal
rights; supporters of the LGBT cause; the media for its coverage of the
Supreme /court judgement and the coverage it has given to cases of violence
and discrimination against LGBT people; and the Brazilian Institute of
Geography and Statistics for including gay and lesbian couples in the 2010
Census, thus contributing in a fundamental manner with concrete data proving
the undeniable existence of at least 60 thousand same sex couples in Brazil.
In relation to the amici curiae contrary to the recognition of the rights of
same sex couples, namely the National Conference of Brazilian Bishops and
the Eduardo Banks Association, Reis stated that “we don’t want to destroy
anyone’s family, we want to form our own family in our own way”.
According to Maria Berenice Dias, president of the Brazilian Law Society’s
Federal Council’s Commission on Sexual Diversity, who acted as an amicus
curie on behalf of the Brazilian Institute of Family Law – IBDFAM, “the
judgement of these suits is of huge significance, because it will make
lesbians, gay men, bisexuals and trans persons visible. The recognition of
homoaffectionate unions as family entities overcomes the perverse omission
of the Legislative branch which, out of complete prejudice, has left the
LGBT population outside of the legal system. The Supreme Court has
reaffirmed the jurisprudence that has been gaining ground in the courts,
ensuring legal protection equal to that already existing for heterosexual
couples.”
In the opinion of lawyer Roberto Gonçale, of the Rio de Janeiro branch of
the Brazilian Law Society, “the judgement by the highest level of the
Brazilian justice system of these two cases regarding the rights and duties
arising from relationships between same sex couples represents extraordinary
progress. It corresponds to the needs of a significant part of the Brazilian
population, whose sexual orientation is not heterosexual, given that due to
its sexual orientation this population was unable to make use of the
everyday rights and duties open to heterosexuals.”
The 2nd National March Against Homophobia, will culminate in Brasília on May
17th and 18th, in commemoration of the International Day Against Homophobia.
In recognition of today’s historic decision, the March will end with the 1st
Homoaffective Embrace for the Supreme Court.
