Same-sex marriage has been legal in Brazil since 16 May 2013, following a decision by the National Justice Council ordering notaries of every state to license and perform same-sex marriages. On 14 May 2013, the National Justice Council legalized same-sex marriage nationwide, ruling 14–1 that notaries are obliged to license and perform same-sex marriages and convert any existing civil unions into marriages if the couples so wish. President of the Supreme Federal Court Joaquim Barbosa stated that notaries could not continue to refuse to "license and perform a civil marriage or the conversion of a stable union into a marriage between two people of the same sex". The ruling was published on 15 May and took effect the following day. Before nationwide legalisation, the states of Alagoas, Bahia, Ceará, Espírito Santo, Mato Grosso, Mato Grosso do Sul, Paraíba, Paraná, Piauí, Rondônia, Santa Catarina, São Paulo, and Sergipe, as well as the Federal District and the city of Santa Rita do Sapucaí, had already legalized same-sex marriages. In Rio de Janeiro, same-sex couples could also marry but only if local judges approved their requests. Polling suggests that a majority of Brazilians support the legal recognition of same-sex marriage. Brazil was the second country in South America, after Argentina, and the twelfth in the world to legalize same-sex marriage.
Same-sex unions had already been legally recognized in Brazil in the form of stable unions following a ruling by the Supreme Federal Court on 5 May 2011. These unions are granted most of the rights of marriage. The ruling was published on 12 May and took effect on 13 May 2011.
Stable unions
The first case of legal recognition of a same-sex union in Brazil occurred in 2004 for a dual Brazilian-English couple. The couple's relationship was recognized in the form of a common-law marriage—which at the time was only available to opposite-sex couples. The couple had lived together for fourteen years in the city of Curitiba.
In 2010, the Ministry of Foreign Affairs authorized Brazilian diplomats to request a diplomatic or service passport and stay visa for same-sex partners. The decision, which applies to both same-sex and opposite-sex partners, was communicated internally to embassies and consulates in over 200 countries. According to the Foreign Ministry, the measure requires employees to register their same-sex partners in order to secure their right to reside abroad. With the issuance of diplomatic passports, it is now easier for partners to obtain residence permits. Also in 2010, the state-owned Infraero (Brazilian Company of Airport Infrastructure) began recognizing stable unions between same-sex couples for the purpose of granting benefits. To be eligible for these benefits, the union must be registered with a public notary.
Stable unions (, ) have been recognized in Brazil since 13 May 2011, after the Supreme Federal Court had ruled in ADI 4277 and ADPF 132 on 5 May that same-sex couples must be allowed to legally register their relationships. The decision was approved 10–0; one judge abstained because he had previously spoken publicly in favor of same-sex unions when he was attorney general. The ruling resulted in stable unions for same-sex couples having the same financial and legal rights enjoyed by those in opposite-sex relationships. Stable unions of same-sex couples are guaranteed similar rights as marriages, including adoption, welfare benefits, pension, inheritance tax, income tax, social security, health benefits, immigration, joint property ownership, hospital and prison visitation, in vitro fertilisation and surrogacy. The ruling was issued in response to two lawsuits: one filed by the Rio de Janeiro State Government in 2008 and another filed in 2009 by the Public Prosecutor's Office. Same-sex couples can officially register their relationships as a stable union by providing evidence such as a shared bank account, cohabitation at the same address, or other indicators of a committed partnership. On 17 June 2011, a judge in Goiânia annulled the stable union of Liorcino Mendes and Odilio Torres, and ordered all notaries in Goiânia to stop issuing stable union licenses. The judge, who was also a church pastor of the Assembleias de Deus, argued that recognizing same-sex unions was "unconstitutional". On 21 June, another judge annulled his decision. Concerned, the couple registered another stable union in Rio de Janeiro.
On 7 June 2013, the Brazilian Air Force recognized the stable union of a sergeant and his partner after the sergeant presented a notarized deed documenting their relationship. The Air Force did not comment on the decision and could not confirm whether it was the first same-sex union officially recognized by the branch. On 8 August 2013, Judge Elio Siqueira of the Regional Federal Court of the 5th region ruled on appeal that the Brazilian Army must recognize the stable union—performed in January 2012 in Pernambuco—of a service member and his same-sex partner, and must also grant the partner a military spousal pension. This marked the first time a state-recognized same-sex union was officially acknowledged by the Army.
Same-sex marriage
Background and summary Marriage in Brazil is governed at the federal level rather than by state law, and involves the issuing of a marriage license by a notary. In May 2011, the Supreme Federal Court ruled that the present law allowed for same-sex couples to formalize their relationships in the form of stable unions. On 25 October, the Superior Court of Justice ruled that two women could legally marry. Differently from the U.S. Supreme Court's stare decisis, the Superior Court decision only applied to the plaintiff couple, but would serve as legal precedent in similar cases. The court overturned two lower court rulings against the couple, and held that the Constitution of Brazil guarantees same-sex couples the right to marry and that the Civil Code does not prohibit the marriage of two people of the same sex. Using this decision as precedent, many states amended their directives for issuing marriage certificates to allow same-sex marriages and require notaries who preside over marriage licenses and perform marriages to provide such services to same-sex couples.
Article 226 of the Constitution establishes that marriage is a civil matter and that a "stable union between a man and a woman is recognized as a family entity, and the law shall facilitate the conversion of such entity into marriage". Additionally, it states:
2013 National Justice Council ruling On 14 May 2013, the National Justice Council ruling 14–1 that notaries must license and perform same-sex marriages and convert existing stable unions into marriages if the couples so desire. President of the Supreme Federal Court Joaquim Barbosa stated that notaries could not continue to refuse to "license and perform a civil marriage or the conversion of a stable union into a marriage between two people of the same sex." The ruling took effect on 16 May 2013.
On 21 May 2013, the Social Christian Party (PSC) filed an appeal with the Supreme Federal Court against the National Justice Council's decision. The party alleged that the Council had overstepped its authority, arguing that the legalization of same-sex marriage was a matter exclusively reserved for the National Congress. The appeal did not result in a stay of the Council's decision. On 30 May 2013, the Supreme Federal Court rejected the appeal on procedural grounds, stating that the PSC had used the incorrect legal instrument to appeal. The court held that the Council's decision could only be challenged through a "direct action for unconstitutionality" () rather than an action for injunction (). On 6 June 2013, the PSC refiled the appeal. Subsequently, on 28 August 2013, the Office of the Attorney General (), along with the Cabinet of Brazil under President Dilma Rousseff, submitted an opinion in support of same-sex marriage to the Supreme Court. Given that the Council's ruling was issued by its president—who also served as Chief Justice of the Supreme Federal Court—it is unlikely the Court would overturn the decision. As of 2023, the PSC's appeal had not yet proceeded to oral arguments.
Proposals in the National Congress The legal recognition of same-sex marriages in Brazil was achieved through the judicial system; Brazil has yet to pass a national same-sex marriage law. In October 2013, a parliamentary committee recommended a measure to ensure that religious institutions would not be obligated to solemnize same-sex marriages. The proposal would have allowed such institutions to refuse to officiate at marriages "[that] violate [their] values, doctrines, and beliefs". It was expected to be submitted to the National Congress pending approval by a constitutional committee, but no further action was taken before the 2014 elections. In March 2017, the Constitution and Justice Commission of the Brazilian Senate preliminarily approved a bill to align the Civil Code with the National Justice Council's ruling. The bill aimed to recognize stable unions between two people of the same sex and allow the conversion of such unions into marriage. It proposed replacing the definition of a family entity from "a stable union between a man and a woman" to "a stable union between two people", and included a provision explicitly stating that marriage may be performed between two people. The commission gave final approval to the bill on 3 May. However, it was not advanced by either the Senate or the Chamber of Deputies prior to the 2018 elections.
On 13 November 2024, the Human Rights Committee of the Chamber of Deputies approved a bill to codify same-sex marriage into federal civil law. The text of the bill was originally authored by former Congressman Clodovil Hernandes and was introduced by Congresswoman Erika Hilton.
State and district laws
Prior to nationwide legalisation in 2013, marriage licenses were granted to same-sex couples in some individual cases, often through the decision of a judge. On 27 June 2011, a judge in the state of São Paulo converted a same-sex stable union into a marriage. The couple held a wedding ceremony the following day. That day, another same-sex stable union was converted into a marriage by Judge Jennifer Antunes de Souza from the 4th Family Court of Brasília. On 29 May 2012, four out of six notary offices in Porto Alegre agreed to convert stable unions into marriages, and on 31 May 2012 a civil partnership contracted by two men in England was recognized and converted into a marriage. On 28 June 2012, 28 same-sex couples were legally married in a mass wedding ceremony in Belém.
Following the 2011 Supreme Federal Court ruling on stable unions and the Superior Court of Justice ruling that a lesbian couple could legally marry, several states altered their marriage procedures, enabling same-sex couples to marry in a manner that is bureaucratically identical to opposite-sex couples. The first state to do so was Alagoas. On 6 December 2011, its General Judicial Inspectorate ()—a supervisory body within the state court system responsible for overseeing the proper functioning of the judiciary's administrative and auxiliary services, particularly in first-instance courts (i.e. trial courts) and registry services (such as marriages and births)—ordered the state civil registry to issue marriage licences to same-sex couples. The decision took effect upon publication on 7 December 2011.