Same-sex civil marriage and its regulation in Brazil

Authors

  • Julio Pinheiro Faro Faculdade Estácio de Sá em Vitória (FESV)
  • Jackelline Fraga Pessanha Faculdade de Direito de Vitória (FDV)

DOI:

https://doi.org/10.1344/rbd2014.32.10694

Keywords:

constitutional law, families law, homoaffective law, consensual same-sex marriage, same-sex civil marriage

Abstract

This essay analyses the fundamental right to free sexual orientation choice. It defends homoaffectivity as a late recognized fundamental right, demonstrating that in practice the Ancient people tolerated the sexual practice between same-sex persons. It demonstrates that the Brazilian Supreme Court recent understanding in 2011 consists in a strong precedent for recognizing same-sex marriage, confirmed in 2011 by a decision of the Brazilian Superior Court of Justice and in 2013 by the Brazilian National Council of Justice with a Resolution. It points out the possibility of converting consensual same-sex marriage in civil same-sex marriage. As conclusion remarks it is shown that Brazilian Constitution allows both consensual and civil (formal) same-sex marriages.

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How to Cite

Pinheiro Faro, J., & Fraga Pessanha, J. (2014). Same-sex civil marriage and its regulation in Brazil. Revista De Bioética Y Derecho, (32), 72–81. https://doi.org/10.1344/rbd2014.32.10694

Issue

2014: Núm. 32 - nov

Section

General section

License

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