Legal and Justice Book

Posts Tagged ‘High Court’

The recognition of marriage between same sex in Brazil seems unstoppable. Only four months after two Brazilian courts, one in Sao Paulo and one in Brasilia, to recognize the first two marriages of this type (one gay and one lesbian), now is the Superior Court of Justice, one of two more courts in the country, which does the same with another couple.

The decision of the High Court, which is considered historic, has been adopted by four votes to one, and notes that it is constitutional perefectamente two same-sex couples can marry, thus permitting two women living maritally for five years to become wives. In this case, the courts of the state of Rio Grande do Sul had been denied them this right (unlike what happened in June with the two pairs mentioned above), so the couple appealed to the High Court.

The ruling applies only to the claimant and partner is not automatically extended to other cases. Strictly speaking, therefore, can not be said that marriage between same sex has been legal in Brazil, but sets an important precedent that may mark the line to follow from now on for the rest of the country’s courts, as has recognized the Human Rights Commission Order of Lawyers of Brazil.

The truth is that advances in LGBT equality in Brazil have often come through judicial decisions. Last March, however, was a parliamentary front in favor of marriage between same sex among other rights, sponsored by Rep. Jean Wyllys openly gay, who came to receive death threats.