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FROM SAME-SEX DOMESTIC PARTNERSHIP TO SAME-SEX MARRIAGE: THE 2011 RULINGS

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FROM SAME-SEX DOMESTIC PARTNERSHIP TO SAME-SEX MARRIAGE: THE 2011 RULINGS

We. Same-sex partnership that is domestic the Supreme Court

Brazil has an extremely complex and detailed Constitution which has conditions regarding household law. With its art. 226 it establishes that family is the foundation of society and it is eligible to special security by their state.

The Constitution expressly states that the domestic partnership between “a man and a woman” constitutes a family and is therefore entitled to special protection by the State on defining family. More over, it determines that the statutory law must further the transformation of domestic partnerships into wedding.

Art. 1723 associated with the Brazilian Civil Code also clearly determines that the partnership that is domestic a guy and a female comprises a family group cameraprive cams.

That which was asked for the Supreme Court would be to declare it unconstitutional to interpret the Civil Code as excluding domestic partnerships between folks of the sex that is same being considered families for appropriate purposes.

The Supreme tried the case Court on might 2011. Ten justices participated within the test 19 and unanimously voted to declare this interpretation associated with Civil Code (and, consequently, associated with the constitutional text it self) unconstitutional. Whenever their specific viewpoints and arguments are believed, nevertheless, you can view a divide that is significant. 20

Since what counts when it comes to purposes for this paper is to what extent the ruling about same-sex domestic partnerships argumentatively suggests a situation for the court on same-sex marriage, i shall maybe not reconstruct the justices’ opinions in full information. 21

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