Now, with the grant of diplomatic passports, it is easier for the partner to obtain a residence permit. According to the Foreign Ministry, the measure must ensure that employees register their same-sex partners to secure their right to stay outside the country. The decision, which includes same-sex and opposite-sex partners, was announced internally to embassies and consulates in over 200 countries. In 2010, the Ministry of Foreign Affairs authorized Brazilian diplomats to request a diplomatic or service passport and stay visa for same-sex partners. The couple had lived together for fourteen years in the city of Curitiba.
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Their relationship was recognized in the form of a common-law marriage, which until then, was only granted to opposite-sex couples. The first case of recognition of a same-sex union in Brazil occurred with a dual Brazilian- English couple in 2004. The court issued a ruling on to recognize same-sex stable unions nationwide. The ruling was published on 15 May and took effect on. Joaquim Barbosa, president of the Supreme Federal Court, said that notaries cannot continue to refuse to "perform a civil wedding or the conversion of a stable civil union into a marriage between people of the same sex". On, the National Justice Council legalized same-sex marriage in the entire country in a 14–1 vote, issuing a ruling ordering notaries nationwide to perform same-sex marriages and convert any existing stable union into a marriage if the couple so wishes. In Rio de Janeiro, same-sex couples could also marry but only if local judges agreed with their request. Before the nationwide legalisation in May 2013, the states of Alagoas, Bahia, Ceará, Espírito Santo, Mato Grosso do Sul, Paraíba, Paraná, Piauí, Rondônia, Santa Catarina, São Paulo, and Sergipe, as well as the Federal District and the city of Santa Rita do Sapucaí, had already legalized same-sex marriages and several stable unions were converted into marriages by state judges. This decision paved the way for future legalization on same-sex matrimonial rights.
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These unions are granted most of the rights of marriages, including adoption, welfare benefits, pension, inheritance tax, income tax, social security, health benefits, immigration, joint property ownership, hospital and prison visitation, IVF and surrogacy. Same-sex unions had already been legally recognized in Brazil in the form of stable unions since in line with a ruling from the Supreme Federal Court. Brazil became the second country in South America to legalize same-sex marriage nationwide, after Argentina, and the twelfth worldwide to do so. Same-sex marriage in Brazil has been legal since in accordance with a decision from the National Justice Council, ordering notaries of every state to perform same-sex marriages.
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