Ministers will however decide the scope of the decision
The Federal Court (STF) decided on Wednesday (13) to recognize maternity leave for non-pregnant mothers in the case of stable same-sex unions.
The decision applies to the case of a public employee who used the method of artificial insemination. After the break in the session, ministers will decide the scope of the decision.
The Court judges the case of a municipal employee of São Bernardo do Campo (SP) who requested 120 days of maternity leave due to the birth of a child created by heterologous artificial insemination (with the egg of the non-pregnant mother).
-ubu743fwhid4.jpg)
What countries think about same-sex marriage
Although the birth of the child was proven, the license was denied by the public administration due to lack of legal provisions.
Dissatisfied with the refusal, the employee turned to the Court of São Paulo and obtained the right to the license. However, the municipality of São Bernardo also appealed to the Supreme Court.
Voting on the issue, Minister Luiz Fux, rapporteur of the trial, stated that, although this is not expressed in the law, the Supreme Court must guarantee constitutional respect for the protection of minors. According to the minister, non-pregnant mothers are also entitled to leave.
“The license is also intended to protect adoptive mothers and non-pregnant mothers in homosexual unions, who, although not experiencing the typical changes of pregnancy, bear all the other roles and tasks that fall to them after the formation of the new family bond” , he has declared.
Minister Alexandre de Moraes also recognized the right to leave, but differed from the rapporteur to ensure that the two women in the stable union have the benefit of it.
“The Constitution has established greater leave for mothers, providing for the status of women. If both are women, both are mothers, will the Supreme Court say that one can and the other equates paternity leave? We are replicating the traditional model, man and woman woman”, he concluded.
The decision made by the STF must be applied by all courts in the country.
Editing: Aline Leal
Source: Terra
Rose James is a Gossipify movie and series reviewer known for her in-depth analysis and unique perspective on the latest releases. With a background in film studies, she provides engaging and informative reviews, and keeps readers up to date with industry trends and emerging talents.
