On May 5,the Supreme Federal Court voted in favour of granting same-sex couples the same legal rights as married couples. The decision was approved by a 10—0 vote with one abstention — one justice abstained because he had spoken publicly in favor of same-sex unions when he was attorney general.
Consequently, on May 14,the Justice's National Council of Brazil legalized same-sex marriage in the entire country in a vote by issuing a ruling Project somos homosexuality orders all civil registers of the country to perform same-sex marriages and convert any existing civil unions into marriages if the couples so desire.
The list of various LGBT rights in Brazil has expanded since the Project somos homosexuality of the military dictatorship inand the creation of the new Constitution of Brazil of The Brazilian lesbian population was 4. On December 16,Brazil announced that it will recognize legal same-sex unions performed abroad for immigration purposes. Couples who are married in other countries can use their union certificate to apply for immigration benefits to Brazil.
It was the first legal action the recognition of same-sex couples. Same-sex unions are treated as common-law marriages and in some cases surviving spouses are able to claim the pension money of the deceased. Brazil provides most benefits of marriage to same-sex couples through common-law of the United States. In Brazil, many legally registered marriages between same-sex couples exist.
Stable unions grant many legal rights, such as the right to be recognized as a couple in Project somos homosexuality issues, common ownership of property acquired jointly, including transmittance and inheritance, recognition of the partner as a dependent at the National Institute of Social Security, on health plans and with insurers.
Also included is the right to transfer the bank account of one partner to another in case of death or illness of the holder. Prior to the nationwide legalisation of same-sex marriage, several binational same-sex couples won the right to live permanently in Brazil.
One such case is the case of a binational gay couple who was forced to leave Chicago and move to Brazil, just so they could be together. In Brazil, the couple's victory was seen as important, especially because the ruling is based "Project somos homosexuality" the fundamental rights and protections guaranteed all Brazilians under the country's Constitution. A bill was proposed in National Congress of Brazil in to change federal law and allow the recognition of same-sex unions but it faced strong opposition and was not voted on.
Since the late s, however, many concessions have been granted to same-sex couples. Same-sex couples were determined to be de facto partners by the Superior Justice Tribunal in This gave some rights to same-sex couples through stable unions. Many independent judicial decisions in Brazil since have recognized same-sex partnerships in this category under common law and granted various rights to the individuals concerned.
There is no actual definition or consensus on what constitutes a stable union. In the state of Rio de Janeirothe partners of government employees receive the same benefits as married couples. In the state of Rio Grande do Sul in Southern Braziljudges have determined that same-sex relationships should also be legally recognised. Same-sex adoption in Brazil occurred and is occurring because Brazilian laws do not specifically prohibit it, and can not ban them as such laws would be deemed unconstitutional.
Consequently, several judges have Project somos homosexuality favorable rulings for adoptions by same-sex couples. Inin a landmark trial, Project somos homosexuality 4th Class of the Superior Court of Justice of Brazil STJ acknowledged, unanimously, that same-sex couples have the right to adopt children.
The court, consisting of five judges, discussed a case of two women who had been given Project somos homosexuality right to adopt by the Federal Court of Rio Grande do Sul. The court denied the public prosecutor's request, saying that for such cases, the child's will must be respected.
The decision of the Supreme Federal Court opens the way for other same-sex couples to receive the same rights in the country. The states of Brazil are prohibited from creating discriminatory laws, according to the national Constitution.
This has contributed to the enactment of civil unions, same-sex marriage, same-sex adoptions, gender change laws and state and city anti-discrimination lawsamong others. Traditional images of Latin America " machismo " and the resulting homophobia are changing now that individual rights, including one's right in accordance with one's sexual orientation, enjoy the protection of Project somos homosexuality law.
Brazil adopted a liberal Constitution inand continues to provide more protections for all of its citizens. As ofdiscrimination on the basis "Project somos homosexuality" sexual orientation was prohibited in 73 municipal statutes. Several states have also established public taskforces and commissions to investigate reports of discrimination. Legal prohibitions of discrimination against transgender people varies from state to state.
Many states enacted protections for gender identity at the same time as for orientation, while others did so some years later. Many Brazilian cities and states have anti-discriminatory legislation that explicitly includes sexual orientation.
Some of them provide specific sanctions and penalties for those who engage in discrimination. Those aged between 16 and 30 were also more likely to support legislation to ban LGBT discrimination. As ofa federal anti-discrimination law is pending approval on the Brazilian Senate. This fact is constantly used by the opposition of the anti-discrimination law to show that there is no need for specific laws.
The defenders of the new law, however, argue that without clear designation, this will still be considered somewhat of a lesser crime. Some conservative Catholic and Protestant senators argue that the law would be an aggression on religious freedom granted by the Constitution. In Marchthe Senate Constitution and Justice Commission approved the federal anti-discrimination law. The bill would need to be approved by the full Senate and Chamber of Deputies before becoming law.
Multiple states and schools have established guidelines and policies regarding LGBT students.