One of Brazil's highest appeals courts for the first time ruled there
is no reason why a stable same-sex couple cannot be recognized as a
family under the country's laws. The 3-2 decision by the Superior Tribunal de Justiça (Superior Court of Justice), the highest appeals court for
non-constitutional issues, opens the possibility that courts throughout
the country can recognize gay couples without additional legislation, OAB RJ reported.
This was the first time the high court considered the rights of a gay
couple under family law, rather than patrimonial law. The case was
brought by a binational couple, agronomist Antônio Carlos Silva and Canadian professor Brent James Townsend, who have been together since 1988 and married in Canada.
They filed suit
four years ago, seeking recognition because they want to live
permanently in Brazil and sought a visa for Townsend. But the highest
court in Rio De Janeiro ruled that there was no law allowing for such
recognition. The case will now return to the Rio court, to decide
whether or not to extend recognition.
"They decided to bring this case not only to secure a visa [for
Townsend], but in order to gain broader recognition of their union,"
said the couple's lawyer, Eduardo Coluccini Cordeiro.
The country's highest court, the Supremo Tribunal Federal, is expected
to also take up the question of the legal status of stable unions of
gay couples sometime in the next six months.
Legal experts say the decision sets an important precedent in family
law. "The court recognized that a a gay union is legally a family
entity, like with pensions and division of assets upon separating,"
said lawyer Maira Cristina Reali Esposito.
Luiz
Kignel, another expert, said the decision is controversial but meets
societal demand "The importance of this case is it gives legal
recognition to a gay relationship," he said. "It recognizes that people
of the same sex can have a relationship protected by law."
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