- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✖ State-enforced
- Changing Gender
- ✔ Legal, no restrictions
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✔ Recognized
- Discrimination
- ✔ Illegal
- Employment Discrimination
- Unknown
- 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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Homosexual activity in São Paulo is legal.
Current status
Since Dec 16, 1830
Legal under federal Brazil 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 São Paulo is legal.
Current status
Since May 16, 2013
Legal under federal Brazil 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.
Censorship of LGBT issues in São Paulo is state-enforced.
Current status
Since Sep 3, 2019
State-enforced
In addition to some localities censoring some lgbt issues in school, the state's governor, in 2019 the governor ordered the removal of materials in 8th-grade classrooms (13/14 years old) containing information defining "gender identity" and "sexual orientation" as well as sexual health.
Varies by Region
In 2017 the localities of Várzea Paulista and Pedreira banned information in schools about sexual orientation or "gender ideology". Additionally, a bill was proposed in the state assembly that would ban “the practice of political and ideological indoctrination in the classroom,” but the bill later failed.
No censorship
Before the Várzea Paulista and Pedreira localities banned information in schools about sexual orientation and "gender ideology".
No censorship under federal Brazil 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 under federal Brazil 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 São Paulo is legal, no restrictions.
Current status
Since Mar 1, 2018
Legal, no restrictions under federal Brazil 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 São Paulo is legal.
Current status
Since Jan 9, 2020
Legal under federal Brazil law
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 recognition of non-binary gender in São Paulo is recognized.
Current status
Since Nov 1, 2021
Recognized
(ADI) 4.275
LGBT discrimination in São Paulo is illegal.
Current status
Since Nov 5, 2001
Illegal
LGBT employment discrimination in São Paulo is unknown.
Current status
Unknown
LGBT housing discrimination in São Paulo is sexual orientation and gender identity.
Current status
Since Jun 13, 2019
Sexual orientation and gender identity under federal Brazil 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 São Paulo is legal.
Current status
Since Jan 2013
Legal under federal Brazil 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 under federal Brazil 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 São Paulo is banned.
Current status
Since Jan 2018
Banned under federal Brazil 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 under federal Brazil law
The same judge changed his decision, keeping the “treatment” banned.
Sexual orientation only under federal Brazil 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.
Equal age of consent in São Paulo is equal.
Legal Rights
93 / 100
This region's Equality Index is based on legal rights alone. Please submit survey results that show the public opinion of LGBTQ+ issues in São Paulo to help improve its accuracy.
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