- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✔ Legal, no restrictions
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✖ Intersex only
- Discrimination
- ✔ Illegal
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✔ Sexual orientation and gender identity
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- ✔ Full ban
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✔ Banned
- Age of Consent
- ✔ Equal
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Public Opinion
Public opinion in Brazil appears to be somewhat divided on LGBTQ+ issues, as evidenced by recent studies.
OPPOSE
SUPPORT
View on homosexuality
(Datafolha, 2022)
View on homosexuality
(Datafolha, 2017)
View on homosexuality
(Datafolha, 2014)
View on homosexuality
(Datafolha, 2013)
Perception of LGBTQ+ People
Survey results from 34 LGBTQ+ Equaldex users who lived in or visited Brazil.
Overall
Perceived Safety**Survey results represent personal perceptions of safety and may not be indicative of current actual conditions.
Equal Treatment
Visibility & Representation
Culture
Services
History
Homosexual activity in Brazil is legal.
Current status
Since Dec 16, 1830
Legal federal law
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
Legal federal law
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. Brazil was the second South American country after Argentina, and the twelfth in the world to legalise gay marriage.
Varies by Region
On March 4th, 2004, a panel of judges in Rio Grande Do Sul gave the green light to gay and lesbian civil unions. The ruling gave same-sex couples broad rights in areas like inheritance, child custody, insurance benefits and pensions. They were the first Brazilian state to offer civil unions.
Censorship of LGBT issues in Brazil is no censorship.
Current status
Since Oct 5, 1988
No censorship federal law
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.
Until Oct 5, 1988
State-enforced federal law
on March 31, 1964, a coup d'état took place that implemented a military dictatorship in Brazil, the military regime was rigid and conservative, and this led to persecution by the military against the LGBT community, the community was completely censored by the media and the regime, any type of content related to "homosexuality" and "transsexualism" was punished with any type of punishment
Right to change legal gender in Brazil is legal, no restrictions.
Current status
Since Mar 1, 2018
Legal, no restrictions federal law
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.
Gender-affirming care in Brazil is legal.
Current status
Since 1996
Legal federal law
In 1996, Brazil adopted the ICD-10 classification, which contains codes for diagnosing transsexualism in adulthood and childhood, which authorize the initiation of medical transition.
Since 2020, people above the age of 16 can have access to HRT through the Brazilian public healthcare system, with parental authorization being required for those who are under 18. Sex reassignment surgeries are also granted for trans people above 18 years old.
Since 2020, people above the age of 16 can have access to HRT through the Brazilian public healthcare system, with parental authorization being required for those who are under 18. Sex reassignment surgeries are also granted for trans people above 18 years old.
Legal, but restricted for minors
In 1979, Brazil adopted the ICD-9 classification, which included codes allowing for the diagnosis of transsexualism in adults.
Until 1979
Banned
Medical transition is not possible
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.
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
Illegal
The Supreme Federal Court criminalised LGBT discrimination nationwide, and now, according to the new law, it is considered a "crime of racism".
Illegal in some contexts
Some anti-discrimination laws provided limited protections for LGBT people.
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.
LGBT housing discrimination in Brazil is sexual orientation and gender identity.
Current status
Since Jun 13, 2019
Sexual orientation and gender identity federal law
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
Legal federal law
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 federal law
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.
Conversion therapy in Brazil is banned.
Current status
Since Jan 2018
Banned federal law
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.
Sexual orientation only federal law
The same judge changed his decision, keeping the “treatment” banned.
Sexual orientation only federal law
On March 22, 1999, Brazil became the first country to ban gay conversion therapy. The Federal Council of Psychology enacted Resolution CFP No. 001/99, which explicitly states that "homosexuality does not constitute a disease, disorder, or perversion." This landmark decision prevents psychologists from engaging in practices intended to 'cure' or alter an individual's sexual orientation.
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)
Equality Rank
#29
Interest Rank based on Equaldex traffic ?
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Common queries:
- Is it illegal to be gay in Brazil?
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Alternative names: Brasil (local name)
