Brazil announces pension benefits for same-sex couples

by on December 16, 2010  •  In Family law

Based on various postings on the web, including a short report by AP, and with the caveat that I don't speak/read Portugese, here is what I think is going on in Brazil:

The Brazilian Social Security Ministry announced last week that gay couples in a "stable relationship" are entitled to the same social security pension benefits enjoyed by heterosexual couples. The policy covers workers registered in the Social Security system, who pay monthly social security fees.

Last February, a decision of  the Superior Court of Justice of Brazil held that the government had to recognize the right of the surviving partner to receive pension benefits. The decision was pegged to the criteria for a stable affective union for different-sex couples (probably if unmarried). The essential elements pertain to "public, continuous and permanent relationships, established with the goal of starting a family."

In June the Attorney General endorsed the ruling. Now, the Social Security Ministry has apparently promulgated a formal policy of treating gay couples equally.


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