Unanimously, the Federal Supreme Court (STF) decided this Thursday (23) that will judge the validity of granting maternity leave to men who are part of a same-sex union.
The Court decided to recognize the general repercussion of the issue. In this way, the court decision, which does not yet have a date to be announced, must be followed by all branches of Justice and applied throughout the country.
The case reached the Supreme Court through a appeal filed by a public servant who was unable to obtain authorization to take 120 days of leavea period equivalent to maternity leave, after he and his partner adopt a child.
Recognition was denied by the São Paulo Court of Justice (TJSP). The body understood that the right is not provided for by law.
When deciding to judge the issue, the Court understood that the topic must be analyzed by the STF plenary as it has legal and social relevance.
The president of the Supreme Court, minister Edson Fachin, added during the virtual vote that the court has already recognized the granting of maternity leave to solo parents and women who are in a same-sex union.
“There are STF precedents in similar cases, such as Theme 1,072 [servidora pública ou trabalhadora regida pela CLT não gestante em união homoafetiva] and Theme 1,182 [pai genitor monoparental servidor público]in addition to the recognition of unconstitutional omission in the ADO [ação direta de inconstitucionalidade por omissão] 20 regarding paternity leave, which demonstrates the need to provide stability to the pronouncements of this Court and guarantee uniform application of the Federal Constitution”, added the minister.
