CNJ prohibits registry offices from refusing same-sex marriage.
Resolution prohibits registry offices from refusing to celebrate civil marriages of same-sex couples or from denying the conversion of stable unions of homosexuals into marriage; the proposal was presented by the president of the council and of the Supreme Federal Court, Minister Joaquim Barbosa.
Thais Leitão
Reporter from Agência Brasil
Brasilia – The National Council of Justice (CNJ) approved this Tuesday (14), by majority vote, a resolution that prohibits registry offices from refusing to celebrate civil marriage of same-sex couples or from denying the conversion of stable unions of homosexuals into marriage.
The proposal was presented by the president of the council and of the Supreme Federal Court (STF), Minister Joaquim Barbosa.
The decision was based on the Supreme Federal Court's ruling, which deemed the distinction in legal treatment between same-sex civil unions unconstitutional, and also on the Superior Court of Justice's (STJ) decision, which ruled that there are no legal obstacles to the celebration of marriage between people of the same sex.
During the 169th session of the panel, this Tuesday, Minister Joaquim Barbosa classified the refusal of Civil Registry offices to convert unions into civil marriages or to issue licenses for these unions as "unjustifiable understandings".
It was also established that cases of non-compliance with the resolution must be immediately reported to the judge responsible for the registry offices in the respective Court of Justice. According to the CNJ (National Council of Justice), the decision will take effect upon its publication in the Official Gazette of the Union, which has not yet been scheduled.
Edited by: Juliana Andrade