The House of Commons Social Security, Social Assistance, Children, Youth, and Families Committee approved the following on Tuesday (10th) by a vote of 12 to 5: Proposal to ban same-sex marriage. union Same sex It was granted by the Supreme Court of the Union (STF) in 2011, which interpreted the provisions of the Civil Code as guaranteeing this right.
But in the end, Same-sex marriage in Brazil to be abolished What if Congress moves forward with its agenda? And what will happen to existing couples?
The project, voted on by the committee, seeks to ban marriage by distorting the text of the 2007 legislation, which was initially favorable to marriage. The reporter was Associate Pastor Eurico (PL-PE).proposed that the Civil Code include an explicit clause establishing the prohibition.
The document has now been sent to the Human Rights, Minorities and Racial Equality Commission. Once you move on to this area, which is considered difficult, you will move on to the Constitution and Justice section, which is the most important section in the House of Commons. Only then will it be submitted to the plenary session, and even if approved, it will need to be voted on by the Senate.
“In addition to being unfortunate, this bill is unconstitutional because, in addition to recognizing the existence of homosexual unions, we disagree with the 2011 STF decision that recognized all rights arising from the existence of LGBT families. ” says Fernanda Peregil, a lawyer who specializes in anti-discrimination law and is a partner at DSA Advogados. “
Additionally, in mid-2013, the National Judicial Council approved a resolution ordering registries across the country to recognize the right to convert stable same-sex marriages into civil marriages. ”
If the proposal is fully approved, can the STF act?
Mariana Balsaglia Pimentel, a family and inheritance law lawyer at Medina Guimarães Advogados, explains that the Supreme Court, as a constitutional court, may consider the project after final approval.
“The proposed article violates the constitutional principles and fundamental rights enshrined in the Federal Constitution, which could lead to the STF declaring the law unconstitutional. If interference by the STF occurs, the legislative process This will be done after the completion of the project,” he said.
The court’s decision in 2011 was unanimous. Since then, marriage between LGBTQIA+ people has not been guaranteed by law, but the court’s understanding guarantees these couples the same rights and obligations as heterosexuals.
Vera Chemim, a lawyer specializing in constitutional law, said same-sex marriage cases will definitely return to court, as it is traditional for parties to take these types of issues to the STF to question their constitutionality. I am commenting that it is. “There is no doubt that the new provisions inserted into the Civil Code (if approved) will be recognized as unconstitutional. “It’s a personal right,” he said.
Chemim sees the floor proposals as more of a political game by the legislature and “a kind of self-affirmation” in the midst of conflict between the great powers.
And what about existing marriages?
To attorney Mariana Balsaglia Pimentel, There will be little change to existing same-sex marriages.
“Existing marriages cannot be affected as legal security needs to be guaranteed,” he assesses.
Fernanda Peregil added: “Laws, even if recognized, can never retroactively annul previously concluded marriages, because no new law can fully guarantee the rights acquired. “These are important provisions of the Constitution.” Therefore, it would not extend to marriages that have already taken place. ”