Court in Santa Catarina recognizes homoaffective stable union

A court in Penha, Santa Catarina, has recognized a homoaffective stable union between two men that lasted approximately nine years, from October 2007 to January 2017. The ruling mandates the equal division of assets acquired during the relationship.

One of the individuals contested the union, claiming the relationship was merely one of “friendship and collaboration” and that assets were acquired through personal funds. However, the judge ruled that evidence demonstrated a continuous and lasting coexistence.

Key evidence used to substantiate the union included photographs of the pair at social events and family celebrations, messages expressing affection and shared life plans, and proof of shared residence and domestic responsibilities. The court also noted their joint business activities, which included the construction and operation of a tourism enterprise and real estate renovations. Additionally, a public power of attorney signed in 2012 was cited as evidence of mutual trust and shared patrimonial organization. The judge noted that the fact that some family members were unaware of the romantic nature of the relationship did not invalidate the existence of the union.