The homoaffective relationship
Publicado em 21/06/2015
Participation in the panel promoted by the Canada embassy at Norway in cooperation with the - Norwegian league of Lesbians, Gays, Bisexuals and Transgender in face of the LGBT Pride Week on June 21 of 2015.
Good afternoon, I just wanted to say that my English it’s not very good, but I will do my best and my daughter is here to help me.
It is very, very important to deal with a universal theme in a global perspective.
There isn’t another way to progress in protecting the rights to whom society turns away, not giving a voice or a chance.
South America is composed of 14 (fourteen) countries, and have very different origins and cultures.
It is also diverse the treatment given to the LGBT, or LGBTI as we started using in Brazil, to include the intersex people.
Certainly exist a great number of people that end up suffering the most severe discrimination.
Very young children are submitted to a lot of genital adequacy operations without the opportunity to choose the gender identity.
And many times the identity elected by the parents doesn’t correspond to their sexual identity.
In South America, there are countries like Guiana, where the homosexual relationship it’s a crime and countries like Bolivia, whose president Ivo Morales, said in an interview: that eating chicken makes a man bald and gay.
Bolivia, Paraguay, Peru and Venezuela do not allow the same-sex adoption, or homoparental, like we say in Brazil.
On the other side, Colombia, Ecuador and Chile recognize the civil union.
Argentina was the first country in Latin America to approve gay marriage in 2010 (twenty-ten), followed by Uruguay in 2013 (twenty-thirteen).
The situation in Brazil is completely different, unique in the world.
20 countries admit the same-sex marriage, 19 (nineteen) by law, and now Ireland by a referendum.
However, in Brazil, even not existing a law, the marriage was authorized by justice.
The Brazilian Federal Constitution protects as family the marriage and the union between a man and a woman.
When I was a judge in the Court of Appeals of my state, I created the neologism homoafetividade “homoaffectivity” to show that the homosexual relantionship it’s more like a “homoaffective” relationship, more concentrated in affection than sex. Which responds to the new concept of family: a relationship based on affection.
There is the reason why, in 2000 (two-thousand), some justice courts began to recognize the homosexual relationship as a family, the homoparental adoption and the usage of assisted reproduction technology, by same-sex couples.
Finally, in 2011 (twenty-eleven) the Supreme Court recognized the homoaffetive relationships with obligatory effect by unanimity. It’s not a law, but in Brazil some decisions of the Supreme Court have this kind of power: reach the entire population.
In 2013 (twenty-thirteen) an administrative judicial provision stopped the denied access to the marriage and the recognition of homoaffetive relationship.
It means that in Brazil, gays get married!!! But not by a law.
That is because we have a legislative absolutely conservative and dominated by undamentalist religions.
For that reason, never a bill was even voted and there is a strong movement in favor to exclude the just recognized rights.
The result is terrible because, in Brazil, homophobia isn’t criminalized and unofficial data says that each 28 hours a homosexual is killed by his sexual orientation or gender identity.
Therefore the Bar Association of Brazil, through the Sexual Diversity Commission, of which I am president, elaborated the Statute of Sexual Diversity Project, to ensure all of the rights that are already recognized by Justice and criminalize homophobia.
And the only way to present this project to National Congress is by popular initiative, which demands the support of 1% of the electorate, around a million and a half signatures.
This is almost impossible in a country that now is dominated by evangelic churches that openly profess homosexual rejection.
But, besides all that, advances are happening and they can’t be stopped and this event it’s a prove of that.