ADPF 132 and ADI 4277 were companion cases decided together in 2011 by Brazil's Supreme Federal Tribunal, which unanimously interpreted the provision of the Civil Code recognizing stable unions between a man and a woman as applying equally, without distinction, to same sex couples, giving such unions the same legal recognition and rights as heterosexual civil unions. The ruling paved the way for a 2013 resolution of the National Council of Justice requiring civil registrars across Brazil to perform same sex marriages and to convert existing civil unions into marriages on request.
Facts
Decision Year Decision Date HoldingThe Supreme Federal Court ruled ten to zero, with one justice abstaining, that the concept of family under the Brazilian Constitution is not limited to heterosexual couples, recognizing same-sex stable unions as family entities with the same legal standing as opposite-sex stable unions. 1 Current StatusDecided and not overruled. The ruling extended to same-sex couples in Brazil the same rights already enjoyed by opposite-sex stable unions, including adoption, inheritance, pension and health plan rights. 1 Case Status
Case Status (category)Overruled (in whole or part) 1 Case Status (category) FAQs
What did the Brazilian Supreme Federal Court decide in ADPF 132 and ADI 4277?
Same sex stable unions have the same legal standing as opposite sex ones, ten to zero.
In 2011 the court ruled ten to zero, with one justice abstaining, that the concept of family under the Brazilian Constitution is not limited to heterosexual couples. It recognized same sex stable unions as family entities with the same legal standing as opposite sex stable unions.
What rights did the ADPF 132 and ADI 4277 ruling extend to same sex couples?
Adoption, inheritance, pension and health plan rights, and later marriage registration.
The ruling extended to same sex couples in Brazil the rights already enjoyed by opposite sex stable unions, including adoption, inheritance, pension and health plan rights. It also paved the way for a 2013 resolution of the National Council of Justice requiring civil registrars across Brazil to perform same sex marriages and convert existing civil unions into marriages on request.
Connections
Decided By
Source ADPF 132 and ADI 4277 (Brazil) (Wikipedia)
In Legal System
Brazil's legal system sits within the civil law tradition; no live entity yet exists for the Supremo Tribunal Federal specifically.
In the Other Atlases
Found In
Also in Geography Atlas: where this subject is found.
Sources
1. ADI 4277 and ADPF 132 (Wikipedia)
Wikipedia- Lead paragraph, case date
Lead paragraph, ruling sentence
The Court ruled that the concept of family expressed in the country's Constitution is not limited to heterosexual couples.
High Court decision section, vote sentence
The decision was approved 10-0; one judge abstained because he had previously spoken publicly in favor of same-sex unions when he was attorney general.
In Group: Sexual Orientation, Marriage and Workplace Equality Cases, Introduction, sentence 1
ADI 4277 and ADPF 132 (May 5, 2011) are landmark Brazil Supreme Court cases related to the recognition of same-sex civil unions.
View the Source ADPF 132 and ADI 4277 (Brazil) (Wikipedia)
Decided By: Federal Supreme Court of Brazil, Infobox court field: Supreme Federal CourtView the Source Reader Challenges (0)
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