THE “SHAKESPEAREAN ROSE” BLOSSOMS DOWN THE EQUATOR: REFLECTIONS UPON THE IMPACT OF BRAZILIAN SUPREME COURT’S DECISION RECOGNIZING THE CONSTITUTIONALITY OF SAME-SEX CIVIL UNIONS

Authors

  • Bruno Rodrigues de Almeida Universidade Federal Rural do Rio de Janeiro

Abstract

In May 5th 2011, Brazilian Supreme Court (Supremo Tribunal Federal) decided unanimously that Brazilian Constitution allows civil unions between two people regardless their gender, thus admitting same-sex partnerships as a legitimate type of family entity entitled to special protection provided by article 226 of current Brazilian Political Charter. However, the repercussions of such decision have yet to be fully realized, particularly because of paragraph 3 of the same article, which explicitly determines that the law shall facilitate the conversion of a civil union into marriage. Hence, the discussion about same-sex civil marriage has regained its momentum in Brazilian legal scenario, whether in legislative or judiciary arenas. This article means to demonstrate how the Brazilian Supreme Court has already created a legal substrate towards isonomic treatment for both different-sex and same-sex civil unions, which would make it quite illogical to admit hierarchical rankings between them.

Author Biography

Bruno Rodrigues de Almeida, Universidade Federal Rural do Rio de Janeiro

Adjunct Professor of Civil Law at Universidade Federal Rural do Rio de Janeiro, PhD in International Law by Universidade do Estado do Rio de Janeiro, LLM in International Law by Universidade do Estado do Rio de Janeiro, Member of ASADIP, Attorney at Law.

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Published

2013-05-30

How to Cite

Almeida, B. R. de. (2013). THE “SHAKESPEAREAN ROSE” BLOSSOMS DOWN THE EQUATOR: REFLECTIONS UPON THE IMPACT OF BRAZILIAN SUPREME COURT’S DECISION RECOGNIZING THE CONSTITUTIONALITY OF SAME-SEX CIVIL UNIONS. PANORAMA OF BRAZILIAN LAW, 1(1), 101–118. Retrieved from https://www.e-publicacoes.uerj.br/pbl/article/view/34361

Issue

Vol. 1 No. 1 (2013): PANORAMA OF BRAZILIAN LAW

Section

Articles

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