Clipping of news on Brazilian Culture, Law and Citizenship
07/30/2010
This article was translated by an automatic translation system, and was therefore not reviewed by people.
Same-sex couples may declare a partner - or partner - as dependent on the income tax. To do so, simply meet the same requirements set by law for couples with stable relationships. The 1.503/2010 Opinion, the Attorney General of the National Treasury was approved by the minister, Guido Mantega, and will be published this week in the Official Gazette
The opinion is the result of a query made by a public servant who wanted to include her companion - exempted in Income Tax - as her dependent. With this, it opens a precedent for other same-sex couples in the same situation.
Based on the principle of equality of treatment, the opinion notes that the legislation provides for the inclusion of fellow stable heterosexual unions as dependents on income tax and that it should be guaranteed to homosexual partners. "The tax law does not lend itself to regulation and organization of sexual preference or convenience of taxpayers," the document says. "The affirmation of homosexual marriage, constitutionally guaranteed individual preference, can not serve as an impediment to the enjoyment of rights guaranteed to heterosexual marriage," appears in the opinion.
Brazil does not recognize the stable union between persons of the same sex, but the court - and now the executive - has given to these relationships the same legal treatment given to heterosexual couples.
In June, the Attorney General's Office acknowledged that the union gives stable homoafetivas right to receive social security benefits for private sector workers. The argument is that the Constitution does not allow discrimination based on sexual orientation. Decision came in the same sense of Justice of Minas Gerais, which kept the inclusion of a retired official of the Federal University of Minas Gerais for pension purposes.
In Mato Grosso, the Magistrate of Justice reached a decision to publish regulating marriage between persons of the same sex. The measure provides that homosexual couples may seek to ask the notary deed declaring the union homoafetivas.
The Superior Court of Justice in 2008, has supported the inclusion of a same-sex partner in the health plan partner. And in April this year, kept the adoption of a child by a homosexual couple.
Source: Time
The Minister Guido Mantega approved opinion of the Attorney General of the National Treasury. Couples have to meet the same requirements set by law for couples with stable
This article was translated by an automatic translation system, and was therefore not reviewed by people.