Is it possible to recognize a stable union between a foreigner and a Brazilian?

If you are a foreigner, especially from North America or Europe, and are in a committed relationship with a Brazilian citizen, it is natural to have questions about the legal recognition of this relationship in Brazil. The main question I receive at my law office is: Is it possible to formally recognize a stable union between a foreigner and a Brazilian? The answer is yes, but there are important legal considerations that must be carefully analyzed.

In this article, as an attorney specialized in family law, I will explain what a stable union means under Brazilian law, what rights and obligations arise from this type of relationship, and, most importantly, how the recognition of a stable union between foreigners and Brazilians works. I will break it down point by point.

• What is a Stable Union in Brazil?

• What does the law require to establish a Stable Union in Brazil?

• Is it possible to recognize a Stable Union between a foreigner and a Brazilian?

• What are the rights of a foreigner in a Stable Union with a Brazilian?

Portanto, se você é estrangeiro e convive em união estável com um cidadão brasileiro, saiba que seus direitos podem e devem ser formalizados.

1. What is a Stable Union in Brazil?

In Brazil, a stable union is a legally recognized form of family formation. It is acknowledged by the Federal Constitution as a family entity under Article 226, §3, and is also regulated by the Brazilian Civil Code, especially Articles 1,723 to 1,727.

A stable union is defined as a public, continuous, and lasting relationship established with the intent of forming a family. It is important to emphasize that this definition applies to both heterosexual and same-sex couples, as confirmed by a decision of the Federal Supreme Court.

For legal purposes, a stable union grants rights similar to those of marriage, including property division, inheritance rights, survivor’s pension, inclusion in health plans, and recognition as a dependent in tax filings.

Unlike civil marriage, a stable union does not require a formal ceremony or prior registration to be legally valid. It can be recognized factually (based on evidence of the relationship) or formally (through a public notarial deed). For this reason, a stable union may exist “de facto”, that is, based on proof of cohabitation and mutual intention to build a family life, even if it was never formally registered.

In the next section, I will clearly explain each of these legal criteria—especially for you, a foreigner, who wants to understand whether you can establish a stable union with a Brazilian citizen.

2. What does the law require to establish a Stable Union in Brazil?

For a relationship to be recognized as a stable union, the following criteria must be met:

1. Public Cohabitation

The relationship must be well-known. This means that the couple must behave socially as a family unit. Family members, friends, neighbors, and the broader social circle should recognize the relationship as a shared life.

There is no requirement for public exposure in the media or on social networks, but the relationship cannot be secret. The partners’ social behavior must reflect a conjugal partnership. This requirement aims to exclude hidden or parallel relationships, such as extramarital affairs.

2. Continuous and Lasting Cohabitation

The relationship must be stable over time, with ongoing cohabitation. Brazilian law does not establish a minimum duration to characterize a stable union. However, the relationship cannot be sporadic, casual, or marked by long periods of separation.

It must be a well-established relationship. Indicators such as mutual interdependence, shared residence, joint financial responsibilities, and life planning together clearly demonstrate continuity and durability.

3. Intention to Form a Family

This is the central element of a stable union. The relationship must not be merely emotional or romantic. There must be a shared intention to build a family life, with mutual commitment and cooperation toward the couple’s common goals.

Simple cohabitation (living together) is not enough. The bond must be guided by family ties and a joint life project, with or without children.

4. Absence of Legal Impediments

The partners must not be legally prevented from forming a stable union. This means that:

• Neither partner may be married to someone else, unless they are legally or factually separated;
  There must be no prohibitions as outlined in Articles 1,521 and 1,723 of the Brazilian Civil Code, such as direct blood relations.

Therefore, a stable union between a foreigner and a Brazilian is entirely possible, as long as both individuals are legally free to enter into such a relationship.

The guidance of a family law attorney is essential to ensure that all legal requirements are fulfilled and that the stable union is recognized without complications. A specialist can assist in preparing the necessary documents, provide legal advice throughout the process, and represent the couple’s interests before the appropriate authorities.

3. Is it possible to recognize a Stable Union between a foreigner and a Brazilian?

 After all, is it possible to formalize this relationship in Brazil? The answer is yes. Brazilian legislation does not impose any restrictions regarding the nationality of the partners. This means that a foreigner can indeed have their stable union with a Brazilian citizen fully recognized in Brazil.

This recognition can occur in two ways:

1. By Public Deed at the Notary Office

The Public Deed of Stable Union is a document drawn up at a notary office that formalizes the relationship between the partners. It serves as proof of the union and is widely accepted by public and private institutions. The deed is especially useful for couples who wish to regularize their situation before government agencies, health insurance plans, financial institutions, and, in the case of foreigners, for immigration purposes.

Required Requirements to Execute the Public Deed at the Notary Office

To formalize the stable union through a Public Deed, the couple must meet the following requirements:

• Public, continuous, and lasting coexistence: The couple must demonstrate that they live together in a stable manner and with public recognition.

• Objective of forming a family: The relationship must have the purpose of forming a family unit.

• Absence of legal impediments: Neither partner can be legally prevented from forming a stable union, according to the impediments set forth in Article 1,521 of the Civil Code.

Required Documents

To execute the Public Deed of Stable Union, the following documents are generally required:

• Identification documents of both partners: ID card, CPF, passport, RNE, or CRNM for foreigners.

• Proof of marital status: Birth certificate or marriage certificate with divorce annotation, if applicable.

• Proof of residence.

• Presence of two witnesses who can attest to the couple’s cohabitation.
  It is important to check with the specific notary office if there are any additional requirements.

How does the process work?

The couple must go to the notary office of their choice, bringing the necessary documents. At the office, the public deed of stable union will be drafted, which will be signed by the partners and the witnesses. The document will then be registered and will have public faith, serving as legal proof of the union.

Although it is not mandatory, it is highly recommended to seek the assistance of a family law specialist. The lawyer can guide the couple on the property regime, specific clauses in the deed, and the legal implications of the stable union, ensuring that both partners’ rights are protected.

2. By Judicial Action

When the Public Deed has not been executed or when the recognition of the Stable Union is necessary to guarantee rights such as inheritance, pension, or immigration, the Judicial Action for recognition of the stable union is the appropriate path.
The Judicial Action is filed by one of the partners, either the foreigner or the Brazilian, before the Family Court. The goal is to obtain a declaratory judgment stating that a stable union existed between the parties. This process can be:

• Consensual: When both partners recognize the union and agree on the terms.

• Contentious: When there is a dispute regarding the existence of the union or its property effects.

Requirements for the Recognition of a Stable Union Between a Foreigner and a Brazilian Through Judicial Action

In order for the union to be recognized, it is necessary to prove:

• Public coexistence: The relationship must be known by family, friends, and society.

• Continuous and lasting coexistence: The relationship must be stable and not something sporadic.

• Objective of forming a family: There must be emotional bonds and mutual responsibility.

• Absence of legal impediments: Both partners must be free to form the union, such as not being married to someone else.

Required Documents

The process requires documents that prove the coexistence and stability of the relationship. The most common ones are:

• Personal documents of both partners: Passport, RNE, or CRNM for foreigners.

• Proof of shared residence.

• Photos, messages, emails that demonstrate living together.

• Witness statements.

• Proof of joint bank accounts or credit cards.

• Declarations of dependency in health insurance plans, life insurance, or income tax returns.
  It is important to remember that each case should be individually analyzed to gather the necessary documentation.
  As we have seen earlier, it is entirely possible to judicially recognize a stable union between a foreigner and a Brazilian in Brazil. This type of recognition is essential not only to formalize the relationship but also to secure various civil, succession, and immigration rights. However, each case has its own particularities, so seeking the help of a family law specialist is crucial to ensure legal security and the protection of your interests.

4. What are the rights of a foreigner in a Stable Union with a Brazilian?

Once the Stable Union is recognized, the foreigner gains access to the same rights as any Brazilian partner, including:

1. Right to Residence Authorization through Family Reunification

A foreigner living in a Stable Union with a Brazilian may request residence authorization in Brazil through family reunification. The residence authorization through family reunification is an administrative procedure before the Federal Police, which allows the foreigner to legally reside in Brazil based on the emotional and family bond with a Brazilian citizen.

Required Documents

For the application based on stable union, the foreigner must present:

• Public deed of stable union, executed at a Brazilian notary office;

• Identity document of the Brazilian citizen;

• Valid passport of the foreigner;

• Proof of address;

• Declaration of no criminal record in Brazil and abroad;

• Additional documents possibly required by the local Federal Police.

The analysis of the application will consider the truthfulness of the family bond, the regularity of the documents, and the absence of legal impediments. It is ideal that all documentation be updated and complete.

Term and Validity of the Authorization

Initially, the residence authorization through family reunification is usually granted for up to two years. After this period, the foreigner may request a conversion to indefinite residence, as long as the conditions that justified the authorization remain valid.
During the residence period, the foreigner may:

• Work legally in Brazil;

• Apply for CPF and Migratory National Registration Card (CRNM);

• Access public health and education services;

• Formalize civil contracts and open a bank account;

• Enter social programs, when applicable.

2. Right to Death Pension in the Event of the Partner’s Death

 A foreigner in a stable union with a Brazilian is entitled to death pension, provided that:

• The existence of the stable union with the deceased insured is proven;

• The Brazilian partner is an insured member of INSS and was contributing or in the grace period at the time of death;

• The union began before the death and adhered to the legal waiting periods, when applicable.

Social security legislation equates the partner to a spouse for the purpose of receiving death pension, including in same-sex or international relationships.

How to Prove the Stable Union to INSS

The proof of the stable union can be made through:

• Public deed of stable union;

• Birth certificates of children in common;

• Joint bank accounts;

• Proofs of residence at the same address;

• Photographs, messages, emails, and other records of the relationship;

• Income tax declarations;

• Witnesses.

The public deed of stable union is the most robust document, as it has public faith and immediate evidential value, preventing disputes and rejections by INSS.

How Long Does the Death Pension Last for the Foreigner

The duration of the benefit depends on:

• The beneficiary’s age at the time of death;

• The length of the proven stable union;

• The existence of minor children or persons with disabilities under the couple’s responsibility.

For example, partners with more than two years of union and the beneficiary being over 44 years old are entitled to a lifetime pension. Younger partners or those with a shorter duration of union will be entitled to the pension for a determined period (from 3 to 20 years), according to the table of Law No. 13,135/2015.

Does the Foreigner Need to Have Regularized Residence in Brazil?

The social security legislation does not require the foreigner to be in a regular migratory status to receive the pension. The family bond and social security rights are independent of migratory regularization. However, the foreigner will need a valid CPF in Brazil to apply for the benefit.

3. Right to Asset Division in Case of Separation, According to the Adopted Regime

A foreigner in a Stable Union with a Brazilian has the same rights as the Brazilian partner regarding asset division, provided the union is recognized and the assets are located in Brazil or are tied to the applicable property regime.
Brazilian legislation does not distinguish between nationals and foreigners for property purposes. Therefore, at the time of the dissolution of the stable union:

• The foreigner may legally claim their share of the common assets;

• The division will be made according to the adopted or presumed property regime;

• The foreigner’s right will be recognized even if they reside outside Brazil.

What the Law Says About Asset Division in Stable Unions

The Civil Code establishes that, in the absence of a contract specifying another regime, the regime of partial community of property applies to stable unions. This means that:

• Assets acquired during the union, for a valuable consideration, will be equally divided between the partners;

• Assets acquired before the union remain the exclusive property of the person who owned them;

• Inheritances and donations received individually do not become joint assets, unless stated otherwise.

However, the couple may choose another property regime through a cohabitation agreement or an express clause in the public deed of stable union. Possible regimes include:

• Partial community of property: Standard rule;

• Total separation of property: Each person keeps their assets individually;

• Universal community of property: All assets, both present and future, become joint;

• Final participation in acquisitions: Hybrid regime, less common in practice.

4. Right to Inheritance, According to Brazilian Succession Law

The law does not distinguish between a national and a foreign partner when it comes to inheritance. The right to inheritance is recognized for the surviving partner, provided the stable union is proven.

This understanding was consolidated after the judgment of Extraordinary Appeal 878.694 by the Federal Supreme Court (STF), which equated the succession rights of the partner to those of the spouse, further strengthening legal protection in stable unions.
The division will depend on the existence of descendants (children, grandchildren), ascendants (parents), or other heirs. The rules are as follows:

• If there are private assets of the deceased (acquired before the union), the partner will share with the children, on equal terms;

• If the assets are common (acquired during the union, according to the property regime), the partner will have the right to half (meação) of the common assets and will share the remaining portion with the other heirs;

• If there are no necessary heirs, the partner may be the universal heir.
  The presence of a will may alter this order, as long as the legitimate rights of necessary heirs (half of the deceased’s estate) are respected.

Is it Necessary to Formalize the Union to Have the Right to Inheritance?

The law does not require formalization, but the lack of documentary proof of the stable union can make it difficult or even prevent the recognition of the right to inheritance. The surviving partner may be required to file a judicial action to prove the existence of the union, which is time-consuming and uncertain.

Therefore, for foreigners, it is recommended that the stable union be formalized through a public deed at a notary office, with the definition of the property regime and the start date of the cohabitation. This document facilitates the automatic recognition of the bond and protects the property rights.

Another right.

Right to Be Included as a Dependent in Health Plans, Private Pension, and Public Services

If you are a foreigner living in a stable union with a Brazilian citizen, it is important to know that Brazilian legislation recognizes this bond as a legitimate family entity. This means that you can be included as a dependent in various services and benefits, both public and private, such as:

Health Plans

Most private and collective health insurance plans accept the partner in a stable union as a dependent, provided that the relationship is properly documented. The foreign partner is entitled to inclusion, just like a spouse in a civil marriage.

Proof can be provided through:

• Public deed of stable union

• Birth certificates of children in common

• The primary holder’s income tax declaration

• Proof of common residence

Formalizing the stable union with a deed makes this process easier, avoids administrative disputes, and ensures quick access to the benefit.

Public Registration as a Dependent

 In various public services, such as:

• Municipal and state social assistance programs

• Housing programs

• Benefits linked to the Unified Registry (CadÚnico)

• Public health systems (SUS), when it’s necessary to prove family ties

The inclusion of a foreign partner as a dependent is allowed, as long as the relationship is formalized or proven with legitimate documents.

Beneficiary in Private Pension Plans

Complementary pension plans (as provided in Complementary Law No. 109/2001) allow the policyholder to designate their partner in a stable union as a beneficiary, including in the event of their death.

With proper formalization, the foreign partner can:

• Be included as a beneficiary for withdrawals or monthly incomes;

• Have the right to receive funds in the event of the policyholder’s death;

• Request the maintenance of the contractual relationship after the policyholder’s death.

Each managing entity may have specific rules, but all require valid documentation proving the family relationship, with the public deed of stable union being the main instrument for this purpose.

To ensure proper formalization, protect your rights, and avoid administrative hurdles, it is recommended to seek assistance from a trusted family law attorney. When structured correctly, a stable union guarantees all typical family rights in Brazil – including for the foreign partner.

Conclusion

In this comprehensive guide, we have seen that it is entirely possible to recognize a stable union between a foreigner and a Brazilian citizen in Brazil. Brazilian law does not make any distinction based on the nationality of the partners, as long as the legal requirements are met: public, continuous, and lasting cohabitation, with the intention of forming a family, and no legal impediments.

Once recognized, the stable union grants the foreigner various rights, such as: family reunification residence authorization, inclusion as a dependent in health insurance and private pension plans, the right to inheritance, death pension, and the division of property in the event of separation. All of these legal effects demonstrate the legal protection granted to the family entity formed by foreigners and Brazilians.

However, it is crucial to emphasize that formalizing the stable union through a public deed is the safest and most effective way to ensure full exercise of these rights. The lack of adequate documentation can create legal uncertainty and hinder access to the legal benefits. Therefore, it is essential to seek the assistance of a family law attorney. The attorney will provide guidance on the legal effects of the union, draft the deed according to the couple’s needs, ensure compliance with Brazilian law, and prevent future disputes, whether in the fields of property, succession, or migration.

That’s all for now, and I hope I’ve been helpful.

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