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In May 5th 2011, the Brazilian Supreme Court (Supremo Tribunal Federal) decided unanimously that the Brazilian Constitution allows civil unions between two people regardless their gender, thus admitting same-sex partnerships as a legitimate type of family entity entitled to special protection provided by article 226 of the current Brazilian Political Charter. However, the repercussions of such decision have yet to be fully realized, particularly because of paragraph 3 of the same article, which explicitly determines that the law shall facilitate the conversion of a civil union into marriage. Hence, the discussion about same-sex civil marriage has regained its momentum in Brazil or in the Brazilian legal scene, whether in the legislative or judiciary arenas. This article means to demonstrate how the Brazilian Supreme Court has already created a legal substrate towards isonomic treatment for both different-sex and same-sex civil unions, which would make it quite illogical to admit hierarchical rankings between them.

panorama of brazilian law

THE “SHAKESPEAREAN ROSE” BLOSSOMS DOWN THE EQUATOR: REFLECTIONS UPON THE IMPACT OF BRAZILIAN SUPREME COURT’S DECISION RECOGNIZING THE CONSTITUTIONALITY OF SAME-SEX CIVIL UNIONS