The trial of a case discussing the possibility of recognizing the stable union of a gay couple from Rio Grande do Sul is scheduled for this Wednesday (23). The case is being reported by minister Nacy Andrighi and will be judged in the Second Section of the Superior Court of Justice (STJ).
Due to the relevance of the topic - civil union between gays -, the process was submitted to the Section, which is made up of ten ministers who are responsible for judging cases relating to Family Law and Private Law, which brings together the Third and Fourth Panel of the Court.
The case concerns a man who, after living in a "stable union" with his partner between 1993 and 2004 and during this period having acquired several movable and immovable assets and everything always done in his partner's name, asks the Court for the sharing of assets and alimony in the amount of R$1.
At the first hearing of the case, the Family Court judge recognized the couple's union and ordered the sharing of assets and payment of the pension. But the Court of Justice of Rio de Grande do Sul (TJRS) removed the obligation to pay alimony.
The TJ claimed that the pension applicant is young and can work. The court did not deny the jurisdiction of the Family Court, that is, it recognized the existence of a stable union and not a de facto partnership.
If the STJ recognizes that there was a stable union and not just a de facto partnership, a precedent will be set for all couples to be recognized. It is worth remembering that in the Federal Supreme Court (STF) there are two matters on the same topic that are in the hands of Minister Ellen Gracie and Minister Carlos Ayres Britto.
