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LGBT Rights in Brazil

    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 in Brazil appears to be somewhat divided on LGBTQ+ issues, as evidenced by recent studies.

Brazil Surveys

Views on Homosexuality

(Datafolha, 2022)
Think homosexuality should be accepted by society as a whole

(Datafolha, 2022)
of Brazilians think homosexuality should be accepted by society

of Brazilians think society accept homosexuality

of Brazilians think homosexuality should be accepted by society

History

Homosexual activity in Brazil

?

Homosexual activity in Brazil is legal.

Current status
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.
Added by celoafonso  ·  1 accurate vote  ·  Report Error  ·  Log

Same-sex marriage in Brazil

?

Same-sex marriage in Brazil is legal.

Current status
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.
Added by celoafonso  ·  1 accurate vote  ·  Report Error  ·  Log

May 5, 2011–May 15, 2013
Civil unions
Although the first formal legal recognition of a civil union took place in 2004 (See first source), the Supreme Court did not rule in favor of civil unions throughout the country until May 5, 2011.

Censorship of LGBT Issues in Brazil

?

Censorship of LGBT Issues in Brazil is no censorship.

Current status
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.
Added by equaldex  ·  0 accurate votes  ·  Report Error  ·  Log

Right to change legal gender in Brazil

?

Right to change legal gender in Brazil is legal, no restrictions.

Current status
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.

Nov 1, 2003–Mar 1, 2018
Legal, but requires surgery
Until 2018, surgery was required to change your legal gender in Brazil.

Legal recognition of non-binary gender in Brazil

?

Legal recognition of non-binary gender in Brazil is intersex only.

Current status
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.

Until Jul 22, 2021
Not legally recognized
No legal recognition of non-binary gender.
Added by Etlot  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT discrimination in Brazil

?

LGBT discrimination in Brazil is illegal.

Current status
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".
Added by joaoanjos  ·  0 accurate votes  ·  Report Error  ·  Log

Nov 5, 2001–Jun 12, 2019
N/A
Even though some laws prohibiting discrimination against LGBT people have been passed in Brazil, they were not actually enforced.

Oct 5, 1988–Nov 4, 2001
No protections
The Brazilian Constitution of 1988 criminalizes any form of discrimination based on ethnicity, race, sex, color and age, but it does not include sexual orientation or gender identity.
Added by Ausyk  ·  1 accurate vote  ·  Report Error  ·  Log

LGBT employment discrimination in Brazil

?

LGBT employment discrimination in Brazil is sexual orientation and gender identity.

Current status
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.
Added by Ausyk  ·  1 accurate vote  ·  Report Error  ·  Log

LGBT housing discrimination in Brazil

?

LGBT housing discrimination in Brazil is sexual orientation and gender identity.

Current status
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.
Added by Etlot  ·  1 accurate vote  ·  Report Error  ·  Log

Oct 5, 1988–Jun 12, 2019
No protections
Although the Brazilian constitution of 1988 prohibits any form of discrimination, it was not until 2019 that homosexuals and trans people were definitively recognized as one of these groups.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex adoption in Brazil

?

Same-sex adoption in Brazil is legal.

Current status
Since Mar 2015
Legal
Same sex couples adoptions are legal nationwide in Brazil since March 2015 by Supreme Federal Court recognition.
Sources:
jusbrasil.com.br/artigos/ca…~:text=A%20resposta%20para%20esta%20d%C3%BAvida,reconhecida%20pelo%20Supremo%20Tribunal%20Federal.
Added by celoafonso  ·  0 accurate votes  ·  Report Error  ·  Log

Serving openly in military in Brazil

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Serving openly in military in Brazil is legal.

Current status
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.
Added by lucasvalentim  ·  1 accurate vote  ·  Report Error  ·  Log

Oct 1969–Jan 2013
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.
Added by celoafonso  ·  1 accurate vote  ·  Report Error  ·  Log

Blood donations by MSMs in Brazil

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Blood donations by MSMs in Brazil is legal.

Current status
Since May 8, 2020
Legal
The Supreme Court has ruled that the blood donation ban is unconstitutional in May of 2020.

1993–May 8, 2020
Banned (1-year deferral)
Blood Donation was banned in Brazil until 2020.
Added by celoafonso  ·  1 accurate vote  ·  Report Error  ·  Log

Conversion therapy in Brazil

?

Conversion therapy in Brazil is banned.

Current status
Since Jan 2018
Banned
In January 2018, the Federal Psychology Council established norms of performance for psychologists in relation to transsexual and transvestite people, also banning any conversion therapy.
Sources:
web.archive.org/web/2018042…//site.cfp.org.br/wp-content/uploads/2018/01/Resolu%C3%A7%C3%A3o-CFP-01-2018.pdf

site.cfp.org.br/wp-content/…
Added by Ro_Guy  ·  1 accurate vote  ·  Report Error  ·  Log

Dec 2017–Jan 2018
Banned
The same judge changed his decision, keeping the “treatment” banned.
Added by Ro_Guy  ·  1 accurate vote  ·  Report Error  ·  Log

Sep 2017–Dec 2017
Not banned
In September 2017, a federal judge in Brasília approved the use of conversion therapy by a psychologist to “cure” people of homosexuality, overruling the 1999 decision.
Added by Ro_Guy  ·  1 accurate vote  ·  Report Error  ·  Log

1999–Sep 2017
Banned
Banned by Brazil's Federal Psychology Council: "psychologists shall not collaborate in events or services offering treatment and cure for homosexuality."
Added by danlev  ·  1 accurate vote  ·  Report Error  ·  Log

Equal age of consent in Brazil

?

Equal age of consent in Brazil is equal.

Current status
Since Dec 7, 1940
Equal
The age of consent is the same for heterosexual couples,14 years old.
Added by celoafonso  ·  0 accurate votes  ·  Report Error  ·  Log