The president of the Chamber’s Social Security, Social Assistance, Childhood, Adolescence and Family Committee, deputy Fernando Rodolfo (PL-PE), scheduled for next Tuesday, the 19th, the vote on the bill (PL) that intends to end marriage between people of the same gender.
The proposal establishes that no relationship between homosexual couples can be equated to marriage or a family entity. If it becomes law, it would not have the power to annul previous marriages. The subject has taken over social media in recent days, with misinformation.
PL 580/2007, originally presented by former deputy Clodovil Hernandes, deceased in intended to amend the Civil Code to recognize same-sex marriage. At the time, there was no guarantee that recognized union between LGBT+ people.
The text, however, was distorted over the years. Another eight projects were linked (attached) to the original proposal, one of which “establishes that no relationship between people of the same sex can be equated to marriage or a family entity”.
Another project included in the original text even admits the conversion of stable unions between people of the same gender into civil marriage, but prohibits this possibility for people who have undergone sex change using surgical methods.
In 2011, the Federal Supreme Court (STF) unanimously recognized the LGBT+ union. Thus, although marriage between LGBT+ people is not guaranteed by law, the Supreme Court’s decision guarantees that same-sex couples have the same rights and duties that Brazilian legislation already establishes for heterosexual couples.
In 2013, the National Council of Justice (CNJ) required, through Resolution No. 175/2013, that all registry offices in the country enable and celebrate civil marriages between people of the same gender. Thus, in accordance with the STF decision, the CNJ prohibits competent authorities from refusing to register LGBT+ unions.
This year, the conservative bench rescued Clodovil’s project. The rapporteur, federal deputy Pastor Eurico (PL-PE), is against the seven congresses in favor of LGBT+ union. In his opinion, he is only in favor of approving PL 5,167/09 – which opposes same-sex marriage.
“In order to block the judicial activism of the Federal Supreme Court, which, despite being the guardian of the Constitution, usurped it in the decision that allowed same-sex stable unions, it is necessary to approve PL nº 5,167/2009, which establishes that no relationship between people of the same sex can be equated to marriage or a family entity”, says the rapporteur
Deputy Laura Carneiro (PSD-RJ) presented a separate report contrary to the pastor’s. Although the rapporteur highlighted the religious aspect of marriage, she stressed that the union between two people is also a civil act.
“They are distinct institutes. However, there are those who insist that changes to the rules relating to civil marriage – and even stable unions – would be offensive to religious rites and rules, which is not true”, he wrote in the parallel report that calls for the rejection of project 5,167/09.
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