# Legal recognition of stable unions in Brazil

> Developing situation record from CLSTR: https://clstr.news/situations/legal-recognition-of-stable-unions-in-brazil
> Updated: 2026-10-27T09:30:00.000Z. Sources: 14. Developments: 3.

In Brazil, a stable union (união estável) can be legally recognized for purposes such as inheritance, social security, property division, and alimony, even without a formal public deed. Under Article 1,723 of the Civil Code, such a union requires a relationship that is public, continuous, and lasting, established with the intent to form a family.

To secure rights during probate (inventário) or to claim death pensions from the INSS, survivors must provide evidence of the relationship. While formalizing the union through a contract is recommended to reduce legal uncertainty, the absence of documentation does not negate legal rights. For INSS pension claims, the agency typically requires at least two contemporary pieces of material evidence, with at least one produced within the 24 months preceding the death. Valid proof includes shared residence, joint bank accounts, shared expenses, health insurance dependency, the existence of children, or social evidence such as photographs and witness testimony. However, witnesses are generally considered insufficient on their own.

Regarding estate management, an executor (inventariante) is responsible for representing the estate (espólio) and must file income tax declarations until the inventory process is concluded via judicial decision or public deed.

Additionally, legal frameworks allow same-sex marriage without specific judicial authorization under CNJ Resolution No. 175/2013. In the state of Goiás, data from the National Civil Registry Operator (ONR) indicates that 4,934 same-sex marriages—comprising 4,707 civil marriages, 126 religious marriages, and 101 transcriptions—were registered between 2015 and 2025.

## Claims

- The INSS requires at least two contemporary pieces of material evidence to prove a stable union. (reported by 1 source)
- At least one piece of evidence for a stable union must have been produced within 24 months prior to the death. (reported by 1 source)
- A stable union is legally defined by public, continuous, and lasting coexistence with the intent to form a family. (reported by 1 source)
- The executor (inventariante) is responsible for representing the estate's assets during the inventory process. (reported by 1 source)
- Income tax declarations for an estate include an initial declaration for the year of death and intermediate declarations until the inventory is concluded. (reported by 1 source)
- A final estate declaration is presented upon the conclusion of the inventory via judicial decision or public deed. (reported by 1 source)

## Timeline

### 2026-10-27: Brazil: Legal requirements for proving stable unions and managing estates

Legal guidelines in Brazil outline how to prove stable unions for INSS pensions and inheritance, as well as the fiscal obligations of an estate following a death.

3 sources. https://clstr.news/cluster/brazil-legal-requirements-for-proving-stable-unions-and-managing-estates

### 2026-10-14: Legal rights and marriage statistics in Brazil

Brazilian law recognizes stable unions for cohabiting couples, while Goiás recorded nearly 5,000 same-sex marriages over the last decade.

2 sources. https://clstr.news/cluster/legal-rights-and-marriage-statistics-in-brazil

### 2026-10-12: Brazil: Proving stable unions for inheritance rights

In Brazil, survivors of an informal stable union can still claim inheritance rights by providing evidence of a continuous, public relationship, such as shared residence, joint assets, or common children.

9 sources. https://clstr.news/cluster/brazil-proving-stable-unions-for-inheritance-rights

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Cite as: Legal recognition of stable unions in Brazil. CLSTR, https://clstr.news/situations/legal-recognition-of-stable-unions-in-brazil