Rcl 12876 and MS 32077

Last updated
Rcl 12876 and MS 32077
Supreme Federal Court of Brazil.jpg
Court Supreme Court of Brazil
Full case nameRcl 12876 (CARLOS ALBERTO TUFVESSON and ANDRE PIVA v. JUIZ DE DIREITO DA VARA DE REGISTROS PÚBLICOS DA COMARCA DO RIO DE JANEIRO) and MS 32077 (PARTIDO SOCIAL CRISTÃO - PSC v. PRESIDENTE DO CONSELHO NACIONAL DE JUSTIÇA)
DecidedPending
Citation(s) MS 32077 Rcl 12876
Court membership
Judge(s) sittingChief Justice

Joaquim Barbosa

Rapporteur Justice

Luiz Fux

Associate Justices

Carmen Lúcia Antunes Rocha, Dias Toffoli, Enrique Ricardo Lewandowski, Gilmar Ferreira Mendes, Joaquim Barbosa, José Celso de Mello, Marco Aurélio Mello, Rosa Weber, Teori Zavascki

Rcl 12876 and MS 32077 (the first is pending, the second was decided), are landmark Brazil Supreme Court cases.

Contents

Pending Actions

Rcl 12876

Carlos Alberto Tufvesson and Andre Piva, a gay couple from Rio de Janeiro, entered on November 4, 2011, with action on Supreme Court of Brazil to legalize same-sex marriage in the country. [1]

Judicial Decisions

MS 32077

Supreme Federal Court

Social Christian Party (PSC), "Partido Social Cristão (PSC)", entered on May 21, 2013, with action on Supreme Court of Brazil contesting the approval of same-sex marriage by National Council of Justice (CNJ), "Conselho Nacional de Justiça (CNJ)", and not by Supreme Court of the country. [2]

The minister Luiz Fux decided that the decision of the National Justice Council to legalize same-sex marriage was correct. With this, continues same-sex marriage valid in the country. [3]

National Justice Council

On May 14, 2013, the Justice's National Council of Brazil legalized same-sex marriage in the entire country in a 14-1 vote by issuing a ruling that orders all civil registers of the country to perform same-sex marriages and convert any existing civil unions into marriages if such a couple desires. [4] [5] [6] [7] [8] [9] Joaquim Barbosa, president of the Council of Justice and the Supreme Federal Court said in the decision that notaries cannot continue to refuse to "perform a civil wedding or the conversion of a stable civil union into a marriage between persons of the same-sex." [10] The ruling was published on May 15 and took effect on May 16, 2013. [11] [12]

Superior Court of Justice

On October 25, 2011, the Superior Court of Justice declared that the legal union of two women who petitioned the court could be recognized as a marriage. The decision of the Superior Court will only reach the authors of the demand, different of the Supreme Court with "stare decisis", but a precedent for other couples do the same request. [13]

Courts of States

Supreme Court legalized civil union on May 5, 2011. The Brazilian Law allows the conversion of civil union into a full marriage. Between 2011 and 2013, the Courts of 13 Brazilian States legalized same-sex marriage based on that. And finally, on May 14, 2013, the decision of National Justice Council legalized same-sex marriage nationwide. [14]

High Court decision

Supreme Court of Brazil. STF Plenario.jpg
Supreme Court of Brazil.

Judiciary representation

Supreme Court members MinistersYesNo
Dias Toffoli1
Carmen Lúcia Antunes Rocha1
Gilmar Ferreira Mendes 1
José Celso de Mello1
Marco Aurélio Mello 1
Rosa Weber1
Joaquim Benedito Barbosa Gomes 1
Enrique Ricardo Lewandowski1
Luiz Fux 1
Teori Zavascki1
Total10

Legislative representation

Attorney General of Brazil ProsecutorYesNo
Roberto Gurgel 1
Total1

Executive representation

Solicitor-General of Brazil Solicitor GeneralYesNo
Luís Inácio Adams 1
Total1

See also

Related Research Articles

This article contains a timeline of significant events regarding same-sex marriage and legal recognition of same-sex couples worldwide. It begins with the history of same-sex unions during ancient times, which consisted of unions ranging from informal and temporary relationships to highly ritualized unions, and continues to modern-day state-recognized same-sex marriage. Events concerning same-sex marriages becoming legal in a country or in a country's state are listed in bold.

<span class="mw-page-title-main">Supreme Federal Court</span> Supreme court of Brazil

The Supreme Federal Court is the supreme court of Brazil, serving primarily as the Constitutional Court of the country. It is the highest court of law in Brazil for constitutional issues and its rulings cannot be appealed. On cases involving exclusively non-constitutional issues, regarding federal laws, the highest court is, by rule, the Superior Court of Justice.

Same-sex marriage has been legal in Brazil since 16 May 2013 in accordance with a decision from the National Justice Council, ordering notaries of every state to license and perform same-sex marriages. Brazil became the second country in South America to legalize same-sex marriage nationwide, after Argentina, and the twelfth worldwide to do so.

<span class="mw-page-title-main">LGBT rights in Brazil</span>

Lesbian, gay, bisexual and transgender (LGBT) rights in Brazil rank among the highest in the world.

Same-sex marriage has been legal in Portugal since 5 June 2010. The XVIII Constitutional Government of Portugal under Prime Minister José Sócrates introduced a bill for legalization in December 2009. It was passed by the Assembly of the Republic in February 2010, and was declared legally valid by the Portuguese Constitutional Court in April 2010. On 17 May 2010, President Aníbal Cavaco Silva ratified the law, making Portugal the sixth country in Europe and the eighth country in the world to allow same-sex marriage nationwide. The law was published in the Diário da República on 31 May 2010 and became effective on 5 June 2010.

<span class="mw-page-title-main">Superior Electoral Court</span> Highest body of the Brazilian Electoral Justice

The Superior Electoral Court is the highest body of the Brazilian Electoral Justice, which also comprises one Regional Electoral Court in each of the 26 states and the Federal District of the country, as determined by the Article 118 of the Constitution of Brazil.

<span class="mw-page-title-main">Superior Court of Justice (Brazil)</span> Highest body of the Judiciary in Brazil

The Superior Court of Justice is the highest appellate court in Brazil for non-constitutional questions of federal law. The STJ also has original jurisdiction over some cases. Its competence is described in Article 105 of the Brazilian Constitution of 1988.

<span class="mw-page-title-main">LGBT rights in the Americas</span>

Laws governing lesbian, gay, bisexual, and transgender (LGBT) rights are complex and diverse in the Americas, and acceptance of LGBT persons varies widely.

The federal court system of Brazil has all its organs and competences listed and defined in the Brazilian 1988 Constitution. The National Justice Council is an exclusively administrative organ of the federal court system.

<span class="mw-page-title-main">National Council of Justice</span> Advisory judicial body in Brazil

The National Council of Justice (CNJ) is an administrative and oversight organ of the Brazilian Judiciary created by constitutional amendment in 2004 as a part of judicial reform. Among its responsibilities are ensuring that the judicial system remains autonomous, conducting disciplinary proceedings against members of the Judiciary, and compiling and publishing statistics on the Brazilian court system. The Council has nationwide jurisdiction over all courts except the Supreme Federal Court, but makes no rulings on cases and does not review judgements of other courts. Its fifteen members are chosen by the Supreme Federal Court for two-year terms.

<span class="mw-page-title-main">Judiciary of Brazil</span> Public entities designated by the Brazilian constitution

The Judiciary of Brazil is the group of public entities designated by the Brazilian constitution to carry out the country's judicial functions.

This article is intended to give an overview of the history of LGBT rights in Brazil.

Same-sex marriage in Alagoas has been legal since 7 December 2011. Alagoas was the first Brazilian state to legalize same-sex marriage. Civil unions have also been available since 2011.

<span class="mw-page-title-main">LGBT rights in São Paulo (state)</span>

Lesbian, gay, bisexual and transgender rights in the Brazilian state of São Paulo are liberal. Same-sex marriage is legally performed in the state, as in Brazil as a whole.

<span class="mw-page-title-main">LGBT rights in Bahia</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights are liberal in Bahia. Homosexuality and same-sex marriage are legal in the state.

<span class="mw-page-title-main">LGBT rights in Rio de Janeiro (state)</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights are liberal in Rio de Janeiro. Same-sex marriage is legal in the state.

<span class="mw-page-title-main">LGBT rights in Alagoas</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Alagoas, Brazil enjoy many of the same legal protections available to non-LGBT people. Homosexuality is legal in the state.

Same-sex marriage is legal in the following countries: Andorra, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, Ecuador, Finland, France, Germany, Iceland, Ireland, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, the United Kingdom, the United States, and Uruguay. Same-sex marriage is recognized, but not performed in Israel. Furthermore, same-sex marriages performed in the Netherlands are recognized in Aruba, Curaçao and Sint Maarten. Same-sex marriage will be recognised in Estonia by 2024.

Lesbian, gay, bisexual, and transgender (LGBT) rights are liberal in Ceará. Same-sex marriage is legal in the state.

Same-sex marriage in Santa Catarina has been legal since April 29, 2013. Santa Catarina was one of the twelve Brazilian states to have opened marriage to same-sex couples before its nationwide legalisation in May 2013. Civil unions have also been available since 2011 in accordance with a ruling from the Supreme Federal Court.

References

  1. ↑ Rcl/12876 - MEDIDA CAUTELAR NA RECLAMAÇÃO (in Portuguese)
  2. ↑ MS 32077 - MANDADO DE SEGURANÇA Archived 2016-03-04 at the Wayback Machine (in Portuguese)
  3. ↑ Ministro rejeita pedido de suspensão de casamento gay em cartório (in Portuguese)
  4. ↑ "CNJ obriga cartórios a celebrar casamento entre homossexuais - Brasil".
  5. ↑ Decisão do CNJ obriga cartórios a fazer casamento homossexual
  6. ↑ CNJ obriga cartórios a converterem união estável gay em casamento
  7. ↑ Romero, Simon (May 14, 2013). "Brazilian Court Council Removes a Barrier to Same-Sex Marriage". New York Times . Retrieved May 15, 2013.
  8. ↑ Teacherken (May 15, 2013). "country with most Catholics effectively legalizes gay marriage". DailyKos . Retrieved May 15, 2013.
  9. ↑ Brazil judicial panel clears way for gay marriage Archived 2013-06-09 at the Wayback Machine
  10. ↑ Brazilian judicial council orders notaries to recognize same-sex marriage
  11. ↑ (in Portuguese) DIÁRIO DA JUSTIÇA CONSELHO NACIONAL DE JUSTIÇA Edição nº 89/2013
  12. ↑ (in Portuguese) Regra que obriga cartórios a fazer casamento gay vale a partir do dia 16
  13. ↑ Same-sex marriage is legal by Superior Court of Justice Archived 2012-06-16 at the Wayback Machine (in Portuguese)
  14. ↑ Same-sex marriage in Brazil (in Portuguese)
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