The STF (Supreme Federal Court) ruled on Wednesday (13) that non-pregnant mothers in same-sex stable unions can have the right to maternity leave.
However, only one of the child's mothers will be entitled to this benefit, which is at least 120 days. The other will have a leave equivalent to paternity leave, only 5 days.
By majority vote, the court established a thesis to this effect based on a proposal by Minister Luiz Fux, which must be followed by processes throughout the country due to the so-called general repercussion.
The text states that "the non-pregnant mother, whether a civil servant or worker, in a same-sex union, is entitled to maternity leave", but "if the partner has used the benefit, she will be entitled to leave for a period equivalent to paternity leave".
For workers with formal employment in companies that have joined the Company Citizen program, the period can be up to 180 days.
Some ministers disagreed on this issue. Alexandre de Moraes, for example, suggested that both women in the couple should be entitled to the maternity leave period.