Rcl 12876 and MS 32077 (the first is pending, the second was decided), are landmark Brazil Supreme Court cases.

Pending Actions

Rcl 12876 Carlos Alberto Tufvesson and Andre Piva, a gay couple from

Rio de Janeiro Rio de Janeiro ( , , ; literally 'River of January'), or simply Rio, is the capital of the state of the same name, Brazil's third-most populous state, and the second-most populous city in Brazil, after São Paulo. Listed by the GaWC as a ...

, entered on November 4, 2011, with action on Supreme Court of Brazil to legalize

same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...

in the country.

Judicial Decisions

MS 32077

Supreme Federal Court *Action Social Christian Party (PSC), ''"Partido Social Cristão (PSC)"'', entered on May 21, 2013, with action on Supreme Court of Brazil contesting the approval of same-sex marriage by National Council of Justice (CNJ), ''" Conselho Nacional de Justiça (CNJ)"'', and not by Supreme Court of the country. *Decision The minister

Luiz Fux Luiz Fux (; born 26 April 1953) is a Brazilian judge and the former Chief Justice of the Supreme Federal Court. He is of Romanian Jewish descent, and the first Jewish Brazilian member of the Court. He was previously a minister of the Superior ...

decided that the decision of the National Justice Council to legalize same-sex marriage was correct. With this, continues same-sex marriage valid in the country. National Justice Council On May 14, 2013, the Justice's National Council of Brazil legalized same-sex marriage in the entire country in a 14-1 vote by issuing a ruling that orders all civil registers of the country to perform same-sex marriages and convert any existing civil unions into marriages if such a couple desires. Joaquim Barbosa, president of the Council of Justice and the Supreme Federal Court said in the decision that notaries cannot continue to refuse to "perform a civil wedding or the conversion of a stable civil union into a marriage between persons of the same-sex." The ruling was published on May 15 and took effect on May 16, 2013. Superior Court of Justice On October 25, 2011, the Superior Court of Justice declared that the legal union of two women who petitioned the court could be recognized as a marriage. The decision of the Superior Court will only reach the authors of the demand, different of the Supreme Court with " stare decisis", but a precedent for other couples do the same request. Courts of States Supreme Court legalized

civil union A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...

on May 5, 2011. The

Brazilian Law The law of Brazil is based on statutes and, partly and more recently, a mechanism called ''súmulas vinculantes''. It derives mainly from the civil law systems of European countries, particularly Portugal, the Napoleonic Code and the Germanic l ...

allows the conversion of civil union into a full marriage. Between 2011 and 2013, the Courts of 13

Brazilian States Brazilian commonly refers to: * Something of, from or relating to Brazil * Brazilian Portuguese, the dialect of the Portuguese language used mostly in Brazil * Brazilians, the people (citizens) of Brazil, or of Brazilian descent Brazilian may also ...

legalized

based on that. And finally, on May 14, 2013, the decision of National Justice Council legalized same-sex marriage nationwide.Same-sex marriage in Brazil

High Court decision

Judiciary representation

Legislative representation

Executive representation

References

{{DEFAULTSORT:Rcl 12876 And MS 32077 Same-sex marriage in Brazil Same-sex union case law 2011 in LGBT history 2013 in LGBT history