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 tremendously complex and step-by-step Constitution which contains conditions regarding household legislation. In its art. 226 it establishes that family may be the foundation of culture and is eligible for protection that is special their state.

The Constitution expressly states that the domestic partnership between “a man and a woman” constitutes a family and is therefore entitled to special protection by the State on defining family. Furthermore, it determines that the statutory legislation must further the conversion of domestic partnerships into marriage.

Art. 1723 regarding the Brazilian Civil Code also clearly determines that a partnership that is domestic a guy and a lady comprises a family group. (more…)