Less than a month ago, the website's legal column The Cape gave an overview of the main advances in LGBT rights in Brazil. After this short time, the column portrays the unanimous and historic decision, by the STF, regarding the legal treatment given to same-sex unions, implying great progress for society and bringing significant changes.
Some media outlets have reported that in Brazil the gay marriage. We must take it easy, as the advance, although significant, does not imply this type of statement. Gay marriage is not yet accepted, but it will be the next step.
What was discussed in the Supreme Court was the recognition of same-sex unions as family entities. That is, they are now recognized as a family – the basis of society – and for this reason they deserve special protection from the State, and the law must facilitate their conversion into marriage.
Therefore, we still depend on the Legislative Branch to exercise its responsibilities, regulating the means by which stable unions in marriage will be facilitated. It is appropriate to highlight what the understanding, for legal purposes, of same-sex union is. According to the rapporteur, minister Carlos Ayres Britto, these relationships are characterized by their durability, public knowledge (not clandestine, therefore) and continuity, in addition to the purpose or true desire to create a family. Therefore, if such relationships remain characterized, the State must provide special protection, as they are now understood as family entities and no longer as a mere de facto society.
I have always believed – and I remain faithful to the thought – that the 60 thousand homosexual couples, as identified by the 2010 Census, are not minorities but, rather, marginalized. For a long time, a series of rights were denied to homosexuals for the simple fact that they lived in their own way, living in a family that the State, until then, did not recognize. And it was like this, with their faces exposed, that today thousands of marginalized people celebrate the country's great progress.
Now, as in heterosexual stable unions, except for the written contract between the partners, the regime of partial community of goods will be applied to same-sex unions, where applicable. It remains to be seen whether these unions can be converted into marriage, upon request from the partners to the family judge and, thus, have it registered in the civil registry, as happens in heterosexual relationships.
With the STF's decision, homosexual couples are extended the right to inheritance, adoption of minors, unseizability of family assets, alimony, partner's enrollment in health, dental and Social Security plans and division of assets in cases of separation. They may also authorize the performance of risky surgery and request a permanent visa from the foreign partner. These are the main of 112 rights that until then were not recognized and extended to same-sex unions, but only to heterosexual couples.
I believe that the decision not only reflected the historic struggle of the LGBT segment, but was the very realization of Justice where citizenship won.
Finally, the STF invited the Legislative Branch to expose itself, legislating the matter. In particular, I invite all readers to VOTE CONSCIOUSLY, as it is the weapon to defend their rights in this society that becomes more fair and supportive every day.
The thoughts of religious leaders are homophobic manifestations and we must remember that those who judge will also not have reserved a divine place, as God is, above all, compassion and love.
It was through the scream and death of countless activists that from now on, more than a life project was granted, but a happiness project.
As well highlighted by Minister Ellen Gracie in her vote, the decision was not made for distant and unknown people, the opportunities for happiness were expanded for our neighbors, family members, co-workers and many others.
Due to achievements like these and many others that are yet to come, the voice of these people, who yearn for happiness in any way and who love intensely, without limits or modesty, should not be silenced.
Now, any way of loving is cool.
Strong hug!
* Jeferson Gonzaga is a lawyer, registered with OAB/SP 307.936. He works on research and processes focused on same-sex rights.
MSN: drjeferson@live.com.
