- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✔ Legal, no restrictions
- Non-binary gender recognition
- ✖ Intersex only
- Discrimination
- ✔ Illegal
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✔ Sexual orientation and gender identity
- Adoption
- ✔ Legal
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✔ Banned
- Age of Consent
- ✔ Equal
Public Opinion
Public opinion in Brazil appears to be somewhat divided on LGBTQ+ issues, as evidenced by recent studies.
OPPOSE
SUPPORT
Brazil Surveys
Views on Homosexuality
(Datafolha, 2022)
(Datafolha, 2022)
(DataFolha - Pew Research Center, 2022)
(TV Globo, Folha de S.Paulo, 2017)
History
Homosexual activity in Brazil is legal.
Current status
Since Dec 16, 1830
Since Dec 16, 1830
Legal
Shortly after Brazil gained independence from Portugal, in 1830, the Imperial Penal Code decriminalized sodomy.
Brazil's 1988 Constitution further strengthened affirmative protections by prohibiting any form of discrimination. Since then courts have since affirmed this additionally applies to sexual orientation.
Brazil's 1988 Constitution further strengthened affirmative protections by prohibiting any form of discrimination. Since then courts have since affirmed this additionally applies to sexual orientation.
Same-sex marriage in Brazil is legal.
Current status
Since May 16, 2013
Since May 16, 2013
Legal
Following a resolution by the National Council of Justice (CNJ), any same-sex union can be converted into a marriage. It was approved on May 14 and came into force on May 16.
Censorship of LGBT Issues in Brazil is no censorship.
Current status
Since Oct 5, 1988
Since Oct 5, 1988
No censorship
Laws enforcing any kind of censorship in Brazil are explicitly against the Brazilian Constitution of 1988, that severely punishes it. Every time a State Congress tries to introduce a bill like this on a state level, the Supreme Court intervenes on the case.
Right to change legal gender in Brazil is legal, no restrictions.
Current status
Since Mar 1, 2018
Since Mar 1, 2018
Legal, no restrictions
In March 2018, the Brazilian Supreme Court ruled that transgender people have the right to change name and sex on their birth certificate without the need of sexual reassignment surgery or doctor letters. The change can be made at a notary's office now.
Legal recognition of non-binary gender in Brazil is intersex only.
Current status
Since Jul 23, 2021
Since Jul 23, 2021
Intersex only
Intersex children have to be registered with an "unknown" gender on their birth certificate, has per the National Justice Council ruling. This means that Brazil at least recognizes intersex people federally.
However in some states, non-binary people can also have the same registration.
However in some states, non-binary people can also have the same registration.
Until Jul 22, 2021
Not legally recognized
No legal recognition of non-binary gender.
LGBT discrimination in Brazil is illegal.
Current status
Since Jun 13, 2019
Since Jun 13, 2019
Illegal
The Supreme Federal Court criminalised LGBT discrimination nationwide, and now, according to the new law, it is considered a "crime of racism".
N/A
Even though some laws prohibiting discrimination against LGBT people have been passed in Brazil, they were not actually enforced.
LGBT employment discrimination in Brazil is sexual orientation and gender identity.
Current status
Since Jun 13, 2019
Since Jun 13, 2019
Sexual orientation and gender identity
After the Supreme Federal Court's ruling, LGBT discrimination in employment is also a crime. Employees who are victims of discrimination usually receive compensation for moral damages caused by the aggressors.
LGBT housing discrimination in Brazil is sexual orientation and gender identity.
Current status
Since Jun 13, 2019
Since Jun 13, 2019
Sexual orientation and gender identity
When renting a property, the owner cannot refuse a tenant on the basis of ethnicity, religion, social status or sexual orientation or any social group someone belongs to. It is written in the Federal Constitution, discrimination is a crime.
Serving openly in military in Brazil is legal.
Current status
Since Jan 2013
Since Jan 2013
Legal
After Supreme Federal Court recognition, LGBT people can serve openly in military in Brazil.
People who are legally male at the age of 18 are obligated to serve, including trans men who have transitioned or trans women who haven't changed their legal gender yet. The latter can be dispensed once the change is made.
People who are legally male at the age of 18 are obligated to serve, including trans men who have transitioned or trans women who haven't changed their legal gender yet. The latter can be dispensed once the change is made.
Ambiguous
There has never been any specific law banning homosexuals from serving in the army. However, Article 235 of 1969 of the Military Penal Code, which prohibits the "practice of a libidinous act, homosexual or not", was often used to persecute gays in the military and try to expel them.
Equal age of consent in Brazil is equal.
Current status
Since Dec 7, 1940
Since Dec 7, 1940
Equal
The age of consent is the same for heterosexual couples,14 years old.
LGBT Rights by State
View the LGBT laws in each individual state of Brazil.
- Rio Grande do Norte
- Rio Grande do Sul
- Rondônia
- Roraima
- Santa Catarina
- Sergipe
- São Paulo
- Tocantins
- Distrito Federal (federal district)