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By Ernest Barteldes
Rio Grande do sul, Brazil--Brazil's Folha de SăoPaulo (www.uol.com.br/fsp) reports that a
Federal tribunal in Porto Alegre has denied an appeal from
the National Social Security System (INSS) following its attempt to quash
a recent court decision that extends death
or disability pensions to same-sex couples in like
manner as they are granted to persons in conventional unions.
According to the report, the decision is valid
nationwide. Brazilian homosexual couples may now
claim their newly acquired rights simply by
registering at any local Social Security office.
The Federal tribunal also declared that the
Social Security System must accept and confirm all
previously denied registrations in no less than ten
days, or it will be liable to a daily fine of
up to 30,000 Reais (about $ 17,000).
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The Social Security System is now required to accept all benefit requests
from same-sex couples who give evidence of maintaining a
stable relationship and of having made Social Security
payments, which, in Brazil, are mandatory.
The local district attorney took action after an
advocacy group from Porto Alegre, Nuances (P.O. 1747
90001-970 Porto Alegre, RS, Brazil) denounced
official benefit denials as a "discriminatory practice
against the civil rights of gays and lesbians".
The national Social Security System's lawyers argued
that homosexuals are not eligible for security
benefits under the country's constitution and
legislation.
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The district attorneys, however, stated that "the
fundamental right of equality" is the constitutional
rule that forbids any form of discrimination, including
bias as it affects same-sex lovers, and that this
principle overrules all other regulations.
The attorneys, in their argument, also mentioned an
earlier case in which a homosexual man successfully
sued a private health plan organization and was
granted the right to include his male companion as a
legal dependant.
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