ADI 4277 and ADPF 132
Brazil Supreme Court cases
From Wikipedia, the free encyclopedia
ADI 4277 and ADPF 132 (May 5, 2011) are landmark Brazil Supreme Court cases related to the recognition of same-sex civil unions.[1][2][3] The Court ruled that the concept of family expressed in the country's Constitution is not limited to heterosexual couples.[1]
| ADI 4277 and ADPF 132 | |
|---|---|
| |
| Court | Supreme Federal Court |
| Full case name | ADI 4277 (Prosecutor General v. President of the Republic) and ADPF 132 (Governor of the State of Rio de Janeiro v. Courts of Justice of the States) |
| Decided | May 5, 2011 |
| Citation | Supreme Court of Brazil recognizes same-sex civil unions in the country |
| Court membership | |
| Judges sitting | President
Justices |
| Case opinions | |
| Decision by | Britto |
| Concurrence | Peluzo, Lúcia, Gracie, Lewandowski, Mendes, Barbosa, Mello, Fux and Aurélio |
| Keywords | |
Rights
After of the decision of the Supreme Court, the same 112 rights of different-sex marriages were given to same-sex stable relationships too, creating a de facto civil union system, including the most important:[4]
High Court decision
The decision was approved 10–0; one judge abstained because he had previously spoken publicly in favor of same-sex unions when he was attorney general.[4] The ruling was issued in response to two lawsuits: one filed by the Rio de Janeiro State Government in 2008 and another filed in 2009 by the Public Prosecutor's Office. Same-sex couples can officially register their relationships as a civil union by providing evidence such as a shared bank account, cohabitation at the same address, or other indicators of a committed partnership.[5]
Judiciary representation
Source:[3]
| Supreme Court members | Ministers | Yes | No |
|---|---|---|---|
| Ayres Britto | 1 | 1 | |
| Cármen Lúcia | 1 | 1 | |
| Celso de Mello | 1 | 1 | |
| Cezar Peluso | 1 | 1 | |
| Ellen Gracie | 1 | 1 | |
| Gilmar Mendes | 1 | 1 | |
| Joaquim Barbosa | 1 | 1 | |
| Luiz Fux | 1 | 1 | |
| Marco Aurélio Mello | 1 | 1 | |
| Ricardo Lewandowski | 1 | 1 | |
| Total | 10 | 10 | 0 |
Legislative representation
| Prosecutor General | Prosecutor | Yes | No |
|---|---|---|---|
| Roberto Gurgel | 1 | 1 | |
| Total | 1 | 1 | 0 |
Executive representation
| Attorney General | Attorney | Yes | No |
|---|---|---|---|
| Luís Inácio Adams | 1 | 1 | |
| Total | 1 | 1 | 0 |
Amici curiae
Source:[3]
| Amici curiae (Support for ADPF 132 and ADI 4277) (13) | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Conectas Direitos Humanos | Brazilian Association of Gays, Lesbians, Bisexuals, Travestis, Transsexuals and Intersex People (ABGLT) | Association of Incentive to Education and Health of São Paulo | Brazilian Institute of Family Law (IBDFAM) | Rainbow Group of Homosexual Awareness | Brazilian Society of Public Law (SBDP) | Gay Group of Bahia (GGB) | Institute of Bioethics, Humans Rights and Gender (ANIS) | International Law Study Group of the Federal University of Minas Gerais (GEDI - UFMG) | Association of Travestis and Transexuals of Minas Gerais (ASSTRAV) | Center of Fight for Free Sexual Orientation (CELLOS) | Center of References of Gays, Lesbians, Bisexuals, Travestis, Transsexuals e Transgender People of the State Minas Gerais (Center of References GLBTTT) | Office of Human Right of the State of Minas Gerais (EDH) |
| Amici curiae (Against ADPF 132 and ADI 4277) (2) | |
|---|---|
| Eduardo Banks Association | National Conference of Bishops of Brazil (CNBB) |
