CNJ Resolution prohibits discrimination against same-sex families in the Judiciary

In a unanimous decision, the Plenary of the National Council of Justice approved this Tuesday morning (14/11), during the 17th Ordinary Session of 2023, a resolution with the purpose of combating, in the Judiciary, discrimination against sexual orientation and gender identity and regulate the adoption, custody and guardianship of children and adolescents by couples or single-parent, same-sex or transgender families.

The guidelines approved this Tuesday order the courts and judiciary to ensure equal rights in combating any form of discrimination against sexual orientation and gender identity. According to the text, in the processes of qualifying applicants and in cases of adoption of children and adolescents, custody and guardianship, manifestations contrary to requests based on the fact that it is a single-parent, same-sex or transgender family are prohibited.

The resolution originated in a letter presented to the CNJ, in June this year, by senator Fabiano Contarato (PT/ES). “The CNJ gives voice to a constitutional determination”, said the parliamentarian, who followed the vote in person at the CNJ Plenary. “This is the materialization of a constitutional commandment, which involves the dignity of the human person”, said Contarato, citing article 3, item 4, of the Federal Constitution, which has as its foundation the Federative Republic of Brazil the promotion of the well-being of everyone and the abolition of any and all forms of discrimination.

“The Brazilian Judiciary has a firm position against all types of discrimination, including in relation to homosexual people”, stated the president of the CNJ and the Federal Supreme Court, minister Luís Roberto Barroso, when proclaiming the approval of the proposed normative act by unanimously.

“The approval of this resolution will be an important step towards clarifying any form of discrimination in the activities of the Judiciary, in this very important mission, which is to guarantee fundamental rights to family formation”, said the rapporteur of the proposal at the CNJ, the counselor Richard Pae Kim.

Upon the arrival of Contarato’s letter to the CNJ, the National Forum for Children and Youth (Foninj), which is chaired by Pae Kim, formed a commission with four judges to work with research and diagnosis, in order to prepare the basis for the approved proposal this Tuesday. This process of analysis and debate on the issue included the contribution of entities, adoption support groups and homo and transaffective families. With information from the CNJ press office.

Normative Act 0007383-53.2023.2.00.0000