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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 domestic partnership at the Supreme Court

Brazil has a really complex and step-by-step Constitution which contains conditions family law that is regarding. With its art. 226 it establishes that family may be the foundation of culture and it is eligible for protection that is special hawaii.

On defining family members, the Constitution expressly states that the domestic partnership between “a man and a lady” comprises a family group and it is therefore eligible to unique security by the State. Furthermore, it determines that the legislation must further the transformation of domestic partnerships into wedding.

Art. 1723 of this Brazilian Civil Code also clearly determines that the partnership that is domestic a guy and a lady comprises a household.

That which was asked for the Supreme Court was to declare it unconstitutional to interpret the Civil Code as excluding domestic partnerships between individuals of the same sex from being considered families for legal purposes.

The situation ended up being tried because of the Supreme Court on might 2011. Ten justices participated into the test 19 and unanimously voted to declare this interpretation associated with Civil Code (and, therefore, regarding the constitutional text it self) unconstitutional. When their specific views and arguments are thought, nonetheless, you can easily view a significant divide. 20