The Social Security, Social Assistance, Childhood, Adolescence and Family Committee of the Chamber of Deputies approved on Tuesday a bill that prohibits the equality of homosexual relationships with marriage or the family entity, contradicting the agreement already established by the Supreme Court Federal Court (STF) on the topic.
Originally, the project conceived by then MP Clodovil Hernandes (PTC-SP), in 2007, proposed amending the civil code to allow two people of the same sex to form a homosexual union through a contract in which they regulate their relationships property.
The text, however, was rejected by the rapporteur, deputy Pastor Eurico (PL-PE), who instead adopted another proposal attached to the project. Signed by MP Capitão Assumção (PSB-ES), the adopted text “establishes that no same-sex relationship can be equated with marriage or family life”.
The commission’s approval of the project occurred despite the jurisprudence already established by the Supreme Court. In 2011, in a unanimous decision, the STF plenary equated homosexual relationships to stable unions between men and women, thus recognizing homosexual unions as a family unit.
The report approved by the Chamber commission states that “the Brazilian Constitutional Court has usurped the competence of the National Congress, carrying out legislative activity incompatible with its typical functions”.
“The decision was based on ideological goals, which distort the mens legislators and the will of the Brazilian people, which is manifested only through their duly elected representatives,” the report reads.
Progressive lawmakers presented separate votes to the commission, which were not approved.
The proposal still must be examined, mandatorily, by the Human Rights Committee and the Constitution and Justice Committee of the House. There is also a request from the PSOL for the proposal to be analyzed by the Commission for the Defense of Women’s Rights.
According to a source from a left-wing party, the proposal found support in the Social Security, Social Assistance, Childhood, Adolescence and Family Committee, composed mostly of Bolsonaro parliamentarians and religious fundamentalists, but this scenario should not be repeated in the other committees.
In the Human Rights Commission, chaired by deputy Luizianne Lins (PT-CE), it has already been decided that the rapporteur will be deputy pastor Henrique Vieira (PSOL-RJ), with a progressive profile. The agenda of the CCJ is entrusted to MP Rui Falcão (PT-SP), president of the collegiate body.
Vieira, in fact, was the author of one of the separate votes. In the text he considers the 2011 STF decision a historical milestone. For the deputy, the speaker’s vote is part of a context of “systematic destruction of democracy and religious-fundamentalist activism”, configuring itself as “another reactionary attack by the far right against LGBTQIA+ existences and political achievements based on human rights and gender diversity.” and sexuality.”
The text is in the final drafting phase, i.e. without needing to be voted on by the Chamber, unless an appeal is presented which could force this analysis by the 513 deputies.
In any case, if the proposal were brought to the plenary, there would be little chance of the proposal being approved, a source in the House linked to the ruling party said. The Speaker of the Chamber, MP Arthur Lira (PP-AL), has shown no interest in putting the issues of the so-called “customs agenda” to the vote.
Source: Terra
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