Novedades del derecho y las leyes argentinas para el ciudadano

A love relationship of three people is officially recognized

Exploring Crucial Elements in an Unprecedented Polyamorous Legal Case in Brazil

The protagonists of this case are two bank employees, a man and a woman,
who have been married since 2006. They sought to formalize their relationship
with another woman, with whom they have been with for approximately
10 years and who is pregnant, expecting to give birth in October.

According to their lawyer, their desire to formalize the relationship was based on
seeking security, mutual care, and guarantees.

The relationship had already been long-standing and they had an established family dynamic among friends
and acquaintances. Marriage was a further step in their relationship.
Initially, they attempted to register the triad in a civil registry without resorting to
the judicial route, but their request was rejected by the registry office.

To meet the legal requirements, the man and woman who were already married had to
divorce before being able to make this request. They had to turn to the courts.
Polyamory and the Law

Initially, they attempted to register their marriage in the civil registry without
going to court, but their request was rejected by the notary public. The man and
the woman who were already married had to get divorced to make this request.
Now, there has been a judicial decision in their favor, and civil registries are
expected to be legally obliged to accept the registration.

 

Poliamory and the law

“We never hid our relationship from anyone, and the vast majority of people
react very positively. Some take a bit longer to process the information, but we
have never experienced any kind of prejudice”, said Letícia.

In the decision, Judge Gustavo Borsa Antonello stated that the union of the
three is “marked by publicity, continuity, affection, and with the aim of forming a
family and seeking happiness”, as reported by UOL, a local media outlet.

The judge expressed: “What is recognized here is a unique loving union among three people: one
man and two women, marked by publicity, continuity, affection, and with the aim
of forming a family and seeking happiness.”

The Judicial ruling regarding a Three-Person Love Relationship or Triad
Now, the 2nd Family and Succession Chamber of the Judicial District of Novo
Hamburgo, in the Metropolitan Region of Porto Alegre, issued a historic
decision recognizing the existence of a stable polyamorous union among three
individuals who form a family.
This resolution was announced last Monday (28). As a result of this recognition,
the child that one of the women in the triad is expecting will have the right to
multi-parental registration, meaning they can carry the names of both mothers
and the father.
With the judicial decision in their favor, it is expected that civil registries will be
legally obliged to accept and formalize their marriage, allowing all three to be
legally married.

In his words, Judge Gustavo Borsa Antonello, who issued this historic decision,
acknowledged that what has been recognized is a unique loving union among
three people: one man and two women.

This union is marked by publicity,
continuity, and affection, with the goal of forming a family and seeking
happiness. In addition to legal recognition of the union, this decision also grants
maternity and paternity leave rights to all three individuals involved in the triad.
It is important to note that this decision is at the first instance, and there is a
possibility of appeal by the Public Ministry (MP). The MP has a 30-day period to
determine whether it will attempt to overturn this judicial decision before the
Court of Justice. There is a similar case in Argentina (source).

Modern times

“Nowadays, what defines a family is affection, that feeling that binds hearts and
lives. The family is where the dream of happiness is found. Justice must pay
attention to these realities”, wrote Judge Gustavo Borsa Antonello in his
ruling. The magistrate concluded the document with an excerpt from
the song “Tempos Modernos” (modern times) written in 1982 by singer Lulu Santos.

The judge’s choice to incorporate the lyrics of the song Tempos Modernos is
very significant. This song has become an anthem for celebrating love and
diversity in Brazil. Its verses highlight the importance of living in the present,
accepting differences, and embracing love in all its forms.

The inclusion of these lyrics in the judgment underscores the importance of
recognizing and protecting relationships based on love and affection, regardless
of their form. In a constantly evolving world, like the”modern times” referred to
in the song, justice plays a crucial role in ensuring that the laws reflect reality
and promote equality and respect for all forms of love and family.

Picture credits

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