Brazil: Prosecutor General gives a favorable opinion to removing the terms “father” and “mother” from documents
In response to an ideological demand from LGBT groups, the Prosecutor General of the Republic, Augusto Aras, gave a favorable opinion in a lawsuit that suggests changes in forms, registries, and public documents in Brazil.
Among the proposed changes is the suggestion of changing the terms “father” and “mother” to “filiation 1” and “filiation 2”.
This is an opinion given in the scope of the Argument of Noncompliance with a Fundamental Precept (ADPF) 899, filed by the Brazilian Association of Lesbians, Gays, Bisexuals, Transvestites, Transsexuals and Intersex People (ABGLT) in the Federal Supreme Court (STF).
The case is being heard by Minister Gilmar Mendes and has been before the STF since November 2021.
There is still no schedule for the trial of the action in the Court’s calendar.
According to ABGLT, forms, and public databases should respect “the gender identity of the genitors, contemplating the possibility of dual parenthood by people of the same gender”.
The association also asks that any registration that does not contemplate the proposed changes be declared “unconstitutional”.
In his opinion, issued last week, Aras says that the “homo-transparent families should receive the same legal protection given to heteronormative family configurations, including the appropriate designation of gender in official documents and forms […] The legal recognition of different family conformations is a measure that promotes human dignity.
According to the prosecutor, although the Constitution and the Civil Code explicitly mention the terms “man” and “woman”, his opinion must follow a decision of the STF that recognized homo-affective stable unions as valid.
“The orientation of the Supreme Court was directed in the sense that, in the current constitutional order, affection is the foundation of family relations and the vector for analysis of any disagreements and rights,” said the PGR.
In cases similar to the illegal practice known as “surrogacy”, in which the biological mother is not exercising the maternal function, and people of the same sex exercise the adoptive parenthood, Aras recommends replacing references to the biological mother with “parturient”.
With information from Brasil Sem Medo
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