According to the human rights defender Ricardo Tosto, founder of Leite Tosto and Barros, the case pitting a woman as the plaintiff and a man who was still married in official documents, demonstrated that the stable union was maintained by both parties. The stable union came to an end before the formal divorce of the male partner. According to Ricardo Tosto, and according to what the Fourth Panel of the STJ Portal, the decision to recognize the union was annulled including recognition of division of the assets that were held in the union, with sound legal backing.
Ricardo Opines on Reasons for the Annulment
According to Ricardo Tosto, the reason for the annulment was that one of the partners was married, yet his wife wasn’t called to testify in the suit. The higher court demonstrated its understanding that it is only when the defense of the third party is allowed that a fair decision can be arrived at and that it is only then that a stable union of a person married is admissible. Ricardo Tosto further adds that apart from the annulment of the whole set of the original documents, the higher court determined the citation of the ex-wife. The Superior Court is of the view that it has jurisdiction and right to apply ample defense in the case that involves the woman’s ex-husband and the complainant. Details show that the said companion was in separation but reaffirmed that he had not quitted the home for good. Tosto explains that the partner lived with the woman during the week but went to Fortaleza over the weekends.
Who is Ricardo Tosto
Ricardo Tosto is a well-known lawyer and human rights activist in Brazil. He has a Bachelor of Laws from the Mackenzie Presbyterian University. He topped up his professional training with a Business Administration degree. He has had his fair share of publicity including being featured in the Latin Edition of the Latin Lawyer Magazine. He is the founder of Leite, Tosto and Baros Associates. Mr. Ricardo Tosto along with his Partners have successfully executed Class Action Suits in Brazil. They also happen to have been the first ones to ever file a class action suit in Brazil.