protests in Brazil - Wikipedia
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East Dane Designer Men's Fashion. Shopbop Designer Fashion Brands. On December 16, , Brazil announced that it would 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 to the recognition of same-sex couples. Stable unions grant many legal rights, such as the right to be recognized as a couple in legal 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 couple who was forced to leave Brazil and move to Chicago so they could live together. In Brazil, the couple's victory was seen as important especially because the ruling is based on the fundamental rights and protections guaranteed 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 Janeiro , the partners of government employees receive the same benefits as married couples.
In the state of Rio Grande do Sul in Southern Brazil , judges have determined that same-sex relationships should also be legally recognised. All judges and justices of the peace are now bound to approve civil unions "between persons of sound mind and independent sexual orientation" in the state. Same-sex adoption is legal in Brazil, because Brazilian laws do not specifically prohibit it. Consequently, several judges have given favorable rulings for adoptions by same-sex couples. In , in a landmark trial, the 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 the 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 Supreme Court found that it can break paradigms and demonstrated that the judiciary is trying to open their vision to our social reality in order to guarantee the rights of people," she said.
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. While the Constitution prohibits discrimination on a variety of characteristics, such as "origin, race, sex, colour [and] age", sexual orientation is not explicitly mentioned.
The Constitution does forbid "any other forms of discrimination". 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 the law. Brazil adopted a liberal Constitution in , and continues to provide more protections for all of its citizens. As of , discrimination on the basis of sexual orientation was prohibited in 73 municipal statutes.
Several states have also established public taskforces and commissions to investigate reports of discrimination.
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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 sexual orientation, while others did so some years later. The State and Municipalities shall ensure, within their territory and within the limits of their competence, the fullness and guarantee of the rights and social principles provided for in the Federal Constitution and in the international treaties in force in [Brazil], including those concerning urban, rural workers and public servants, as well as the prohibition of discrimination based on religious belief or sexual orientation.
No one shall be discriminated against or harmed by reason of birth, age, ethnicity, race, color, sex, genetic characteristics, marital status, rural or urban work, religion, political or philosophical beliefs, sexual orientation, physical, immunological, sensory or mental disability, in accordance with the Federal Constitution. 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 of , a 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.
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