Reconhecimento legal de uniões do mesmo sexo no Brasil

The processes that led to the legal recognition of same-sex unions in Brazil and the United States followed clearly different paths. Rather than seeking legalization of same-sex marriage as the main objec tive of their political agenda, like their American colleagues, Brazilian g ay and lesbian couples first sought access to institutions that regulate domesti c cohabitation. The first jurisprudential characterization of the family as a n institution independent of marriage encouraged them to focus the dispute on th e possibility of classifying same-sex couples as family entities. Gay and lesbia n couples have argued in a series of lawsuits that build a form of union that provides them with the same benefits that heterosexuals obtain in their relatio nships, which is why the Brazilian legal system should not deny them equal l egal treatment. Many courts have recognized the validity of their claims in sev eral rulings that have gradually extended the rights of spouses to same-sex couples, a process that set the stage for the recent Supreme Court decision that le galized same-sex unions in the country. This article explains the development of litigation and judgment of same-sex unions in Brazil as a story about the conv ergence of two important jurisprudential developments: the long national tra dition of giving legal protection to domestic cohabitants and the emergenc e of a strand of decisions that understands equality as a constitutional princ iple that aims to eradicate structural forms of inequality. By adopting an incr emental approach to gay marriage disputes, Brazilian same-sex couples have achieved effective legal protection. The Brazilian case serves as an interes ting point of comparison for advocates of same-sex marriage in other parts of th e world, since this gradual approach tends to be dismissed as a litigation stra tegy that could offer equal legal treatment.