Diversity and inclusion

Diversity Month reinforces the need for commitment to reducing inequalities and prejudices: the fight cannot stop.

June is a time to celebrate, reflect and continue fighting for respect and inclusion. The month has become a symbol of diversity worldwide due to the Stonewall uprising on June 28, 1969, in the United States, a milestone in the LGBTQIA+ community’s resistance against violence and discrimination. Since then, the month has become a reminder of the importance of valuing differences and ensuring equal rights for all people, regardless of orientation, identity, race or gender. Promoting diversity is more than a symbolic gesture; it is a daily commitment to justice and dignity.

This year, important news reinforced the movement: Thailand approved a law that legalizes same-sex marriage. The bill passed with a large majority in parliament and, after royal sanction, the country became the first in Southeast Asia to recognize this right. The new law modifies the Thai Civil Code, replacing terms such as “husband” and “wife” with “conjugal partners” and ensuring equality in matters such as inheritance, adoption and legal benefits.

In Brazil, same-sex marriage has been recognized since 2013, by virtue of Resolution No. 175 of the National Council of Justice (CNJ), which, based on decisions handed down by the STF (judgment of ADPF 132/RJ and ADI 4277/DF) and by the STJ (judgment of RESP 1.183.378/RS), the former recognizing the unconstitutionality of the distinction in legal treatment of stable unions formed by people of the same sex and the latter recognizing the non-existence of legal obstacles to the celebration of marriage between people of the same sex; began to determine that registry offices celebrate civil marriages between people of the same sex. This Resolution represented, in our country, a historic step towards equality.

However, despite being legally recognized, same-sex marriage does not have legislative support. Therefore, given the inertia of the National Congress, the Judiciary Branch had to intervene to make up for the lack of regulatory legislation.

Still on the subject of celebration, on World Anti-LGBTphobia Day (May 17), the first child born in the South of the country with DNA from two parents was celebrated. Coincidence or not, the birthday of Antonella, daughter of Jarbas Bitencourt and Mikael Bitencourt, highlights the diversity in family models. If family used to be synonymous with the union of people of the opposite sex and only they could produce a child, today, we experience families made up of the most diverse forms, but with a single goal: to be happy.

Antonella and her parents are proof of this. Celebrating Diversity Month is recognizing the achievements we have already made, but also keeping a firm eye on what still needs to change. It is building, rebuilding, dialoguing, deepening, caring, protecting, creating inclusive and non-discriminatory policies and practicing them, promoting justice. Respect, inclusion and equality are not built alone, they are the result of the participation of all of us.

 

Ronaldo Cesar | ronaldo.fraga@nascimentomourao.adv.br
Partner in the Strategic Litigation area and Coordinator of the Diversity and Inclusion Committee.

Ramon Barbosa Tristão | ramon.barbosa@nascimentomourao.adv.br
Partner in the Corporate Advisory Law area and Member of the Diversity and Inclusion Committee at Nascimento e Mourão.