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Citizenship and sexual rights: a comparative study of the legal recognition of same-sex union in Brazil and South Africa

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Author(s):
Gustavo Gomes da Costa Santos
Total Authors: 1
Document type: Doctoral Thesis
Press: Campinas, SP.
Institution: Universidade Estadual de Campinas (UNICAMP). Instituto de Filosofia e Ciências Humanas
Defense date:
Examining board members:
Evelina Dagnino; Luciana Ferreira Tatagiba; Regina Facchini; Laura Moutinho; Luiz Mello
Advisor: Evelina Dagnino
Abstract

This research analyses the struggles and conflicts around the legal recognition of same-sex unions in Brazil and South Africa. The study takes the historical perspective to understand how both countries have met the demands for sexual rights in the political arena. The South African "success" in passing favorable legislation for same-sex couples is contrasted with the Brazilian "failure" in approving laws which extend marital rights for lesbian and gay couples. These divergent results are explained by differences in the configuration of political and legal systems and the presence (or not) of political actors (in civil society and the State) committed with a democratic political project. This study also includes an analysis of the rights granted to same-sex couples by laws and judicial decisions. Based on the differences in naming, the study examines: a) if laws and judicial decisions in both countries had extended all conjugal rights (inheritance, taxes deductions, joint adoption, immigration rights) to same-sex couples and b) to what extend had these laws and judicial decisions symbolically equalized same-sex and opposite sex couples (AU)