SAO PAULO - High Court of the Brazil held that same-sex civil unions must be recognized, a decision welcomed as a watershed by gay activists who hope also it cool escalating violence against homosexuals in the most populous nation of Latin America.
The decision, however, stopped to legalize same-sex marriage, to the Brazil which has Catholics more than any other country. The Catholic Church fought the measure.
In a vote late Thursday, all but one of the 11 judges of the Supreme Court argued rights civil union couple same sex. One judge abstained.
The Court held that same-sex couples deserve the same rights as heterosexual couples when it comes to alimony, pension benefits for a partner who dies and inheritances, among other issues.
In Latin America, gay marriage is legal only in Argentina and Mexico City.
Homosexual civil unions grants certain rights to same-sex couples are legal in Uruguay and some States of the Mexico outside the capital. Constitutional Court of the Colombia granted same-sex couples inheritance and allowed them to add their partners health insurance plans.
Decision of the Brazil creates a judicial precedent which must be respected by all public institutions, including the notary public where civil unions must be registered.
"It is a historic moment for all Brazilians, not only homosexuals." This judgment will change everything for us in society - and for the better, "said Marcelo Cerqueira with the gay rights group Grupo Gay da Bahia." "" Gays, lesbians and transsexuals will be recognized as being more human. We will be more accepted by having our rights honoured. ?
Grupo Gay da Bahia said in a recent report that 260 gays were murdered in 2010 in Brazil, 113 per cent for five years, including the recent high - profile case that made headlines.
On 5 April, the body of the 16-year-old girl was found in a remote area of the State of Goiás in the Brazil. The father and the brother of her friend and adolescent were arrested. Less than two weeks later, the security cameras captured the death of beating of a female impersonator of 24 years, in the northeast of the Paraiba State.
Activist Gay Cerqueira said he hoped that the decision would be the beginning of the end to this violence.
"This decision will help." The violence comes on the reason for the impunity for those who commit, "said Cerqueira. "When a country judges a case like this for us, it will be have an impact through the judiciary and areas of application of the law.".
The application of the Supreme Court to recognize civil unions came two years earlier the Brazilian Attorney General Office, in large part because legislation which would give gay couples the rights of heterosexual married couples benefits languished in Congress for more than ten years.
The Brazil Constitution defines a "family entity" as "a union stable between a man and a woman." But the Office of the Attorney General argued the clause is only a definition and not a limitation, and therefore the Charter does not say that a stable union may be "only" between a man and a woman.
The Attorney General also argued that the constitution does not expressly prohibit a civil union between persons of the same sex — and that do not recognize the unions of same-sex violates the defences of the Charter of human dignity and equality.
A lawyer representing national Conference of the Bishops of the Brazilian Brazil, Jose Oliveira Sarubbi, argued before the Court that the constitution recognizes that a legal partnership between a man and a woman, and that judges could be incorrectly interpreting the document to the rule otherwise.
Oliveira said lack of document of an explicit statement that a family business is limited to those between a man and a woman means not only "all types of union having to take into consideration".
Ralph Lichota, a lawyer representing religious groups, told the Court that the legal recognition of same-sex couples should be left in the citizens of hands.
"Power emanates from the people, and the Brazilian people are Christian," said. "God created a marriage when he created Adam and Eve." Just as the Brazilian people are not ready to legalize marijuana, as they are not ready to abortion, we are not ready for same-sex marriage. ?
Luis Roberto Barroso, Professor of law at the University of State of Rio de Janeiro, submitted an appearance friend-of-the-Court before judges allowing persons of same sex civil unions mean "overcome historical discrimination."
"The implications of a homosexual relationship are the same as a heterosexual." Do not recognize it is to say that the condition that they (gay) have less value and can be met, or, "said Barroso.
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