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[REVISION HISTORY]

Legal recognition of stable unions in Brazil

1 recorded revision of this situation.

What changed

2026-10-16 18:37 UTC → 2026-10-28 23:06 UTC · added removed

In Brazil, a stable union (união estável) can be legally recognized for purposes such as inheritance, social security, property division, and alimony, even in the absence of without a formal public deed or notary registration. 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 processes, survivors may need (inventário) or to claim death pensions from the INSS, survivors must provide evidence of the relationship through shared residence, joint bank accounts, financial dependency, or social evidence such as photographs and witness testimony. relationship. While formalizing the union through a contract is recommended to avoid reduce legal uncertainty, the lack absence of documentation does not automatically 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 for same-sex marriage without specific judicial authorization. authorization under CNJ Resolution No. 175/2013. In the state of Goiás, data from the National Civil Registry Operator (ONR) indicates that thousands of 4,934 same-sex marriages, including marriages—comprising 4,707 civil and marriages, 126 religious ceremonies, were marriages, and 101 transcriptions—were registered between 2015 and 2025.

Versions

  1. 2026-10-28 23:06 UTC Legal recognition of stable unions in Brazil
  2. 2026-10-16 18:37 UTC Legal recognition of stable unions in Brazil

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