The Supreme Court (STF) recognized unanimously as stable marriage or family entity homo. "The recognition, therefore, the court today, those rights, responding to a group of people who long have been humiliated, whose rights have been ignored, whose dignity has been offended, whose identity was denied, and whose freedom was overwhelmed," said Justice Ellen Gracie.By decision of the Supreme, homosexuals are replaced recognized the right to receive alimony, have access to the legacy of his companion in case of death, may be included as dependents in health plans may adopt children and register them in their names , among other rights.
Unions homoafetivas will be placed with the court's decision to hand the three types of families already recognized by the Constitution: the family formed with conventional marriage, the family due to marriage and stable family with, for example, by a single mother and her children. And as the family, the marriages of same sex they will deserve the same protection of the state.
Facility
The decision of the Supreme Court is expected to simplify the extension of these rights. Because a decision in two direct actions of unconstitutionality - one authored by the governor of Rio de Janeiro , Sergio Cabral, and another by the deputy attorney general's office, Deborah Duprat - understanding the STF must be followed by all courts the country.
Gay couples will be subject to the same obligations and safeguards imposed on heterosexual couples. For example, to be eligible for death pension, you must prove that they had with the fellow who died in a union stable system.
For the current legislation and decisions by some courts, the unions of same-sex couples were treated as a de facto partnership, like a business. Thus, in case of separation, there was no pension rights, for example. And the division of property was done by measuring the effort of each to the formation of the acquired assets.
Unions homoafetivas will be placed with the court's decision to hand the three types of families already recognized by the Constitution: the family formed with conventional marriage, the family due to marriage and stable family with, for example, by a single mother and her children. And as the family, the marriages of same sex they will deserve the same protection of the state.
Facility
The decision of the Supreme Court is expected to simplify the extension of these rights. Because a decision in two direct actions of unconstitutionality - one authored by the governor of Rio de Janeiro , Sergio Cabral, and another by the deputy attorney general's office, Deborah Duprat - understanding the STF must be followed by all courts the country.
Gay couples will be subject to the same obligations and safeguards imposed on heterosexual couples. For example, to be eligible for death pension, you must prove that they had with the fellow who died in a union stable system.
For the current legislation and decisions by some courts, the unions of same-sex couples were treated as a de facto partnership, like a business. Thus, in case of separation, there was no pension rights, for example. And the division of property was done by measuring the effort of each to the formation of the acquired assets.
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