Top Qs
Timeline
Chat
Perspective
Rcl 12876 and MS 32077
From Wikipedia, the free encyclopedia
Remove ads
Rcl 12876 and MS 32077 (the first is pending, the second was decided), are landmark Brazil Supreme Court cases.
 | This article needs to be updated. (December 2017) |
Remove ads
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
Summarize
Perspective
MS 32077
Supreme Federal Court
- Action
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]
- Decision
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]
Remove ads
High Court decision
Judiciary representation
Legislative representation
Executive representation
See also
References
Wikiwand - on
Seamless Wikipedia browsing. On steroids.
Remove ads