In an unprecedented decision, the Federal Supreme Court (STF) denied an appeal by the Public Ministry of Paraná, which was against joint adoption by the couple Toni Reis and David Harrad, and discussed for the first time the issue of gay adoption. The decision was handed down on August 16th, but was only published in the STF Gazette on August 24th. The case rapporteur was Minister Marco Aurélio.
Toni and David had filed an appeal for joint adoption in July/August 2005 at the Children and Youth Court of Curitiba. They then went through the standard phases of an adoption process, which includes visits from a psychologist and social worker. The couple was approved to adopt.
In 2007, the couple obtained a favorable sentence, however, the judge noted that they could only adopt a 10-year-old child. The couple considered the decision prejudiced and decided to appeal. The Court of Justice accepted the couple's appeal and unanimously decided that Toni and David could adopt without restrictions on the child's age and sex.
But the Public Ministry of Paraná filed an extraordinary appeal with the Federal Supreme Court, alleging a violation of article 226 of the Constitution, highlighting that same-sex couples are not recognized as stable unions.
Fortunately, the STF denied the Public Prosecutor's Office's appeal. Minister Marco Aurélio argued that the issue discussed by the Court of Justice of Paraná was the restriction regarding the sex and age of the children, and not the relationship between the couple Toni and David, who have been together for 20 years.
"I am proud that the STF has respected articles 3 and 5 of the Federal Constitution, which state that there will be no discrimination in Brazil and that everyone is equal before the law, without distinction of any kind", declared Toni Reis.
