The recent decision of the STF, which recognized same-sex unions as a family entity, entails a series of significant changes for homosexuals. Rights previously denied are now enshrined and extended to LGBT people.
Several of these same-sex unions are formed by a native Brazilian (born on Brazilian soil, therefore) and a foreigner. Many got married abroad without being able to see the same union recognized in Brazil. Contradictory, right?
What little is known is that the granting of a permanent visa to a foreigner in a stable union with any Brazilian citizen, without distinction of sex, was already provided for by Brazilian law due to the existence of an administrative provision in Normative Resolution 77 of the National Immigration Council ( CNIg).
For obvious reasons, there is resistance and difficulty in proving the requirements imposed by the administrative resolution. However, the right is guaranteed and certain, even if achieving it requires a series of bureaucracies to be faced.
The STF's decision motivates and simplifies the granting of the much-desired permanent visa to the foreign partner, who must now live a relationship free from migratory irregularities.
The procedures to be adopted for the concession can be seen here.
I advise them to seek legal assistance so that their rights are better protected. Therefore, look for a lawyer you trust and who is sensitive to the situation.
* 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.
