Current Version
| Region | Brazil |
| Issue | Serving openly in military |
| Status | Ambiguous |
| Start Date | Oct 1969 |
| End Date | Jan 2013 |
| Description | 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. |
| Sources | http://jus.com.br/artigos/8206/a-pratica-da-pederastia-e-crime-militar https://www.cartacapital.com.br/sociedade/direitos-lgbt-do-que-os-militares-tem-medo-8168/amp/ |
Revision History (3)
Revision by Sky. Small correction of the date.
| Old Value | New Value (Current) | |
|---|---|---|
| Start Date | Jan 1969 | Oct 1969 |
Revision by Sky. Small correction of the description.
| Old Value | New Value | |
|---|---|---|
| Start Date | Oct 1969 | Jan 1969 |
| Description | There has never been any specific law banning homosexuals from serving in the army. However, Article 235 of 1969, 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. | 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. |
Show Difference | ||
Revision by Sky. Correction of the date and addition of more information.
| Old Value (Original) | New Value | |
|---|---|---|
| Value | Legal | (REMOVED) |
| Special Status | (REMOVED) | Ambiguous |
| Start Date | Aug 2005 | Oct 1969 |
| End Date | (NONE) | Jan 2013 |
| Description | There has never been any specific law banning homosexuals from serving in the army. However, Article 235 of 1969, 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. | |
Show Difference | ||
| Sources | http://jus.com.br/artigos/8206/a-pratica-da-pederastia-e-crime-militar http://www.jusmilitaris.com.br/novo/uploads/docs/homossexualismo_militar.pdf http://noticias.r7.com/brasil/noticias/defesa-admite-rever-lei-que-da-margem-a-punicao-de-gays-nas-forcas-armadas-20100204.html http://www.diariodepernambuco.com.br/app/noticia/vida-urbana/2013/08/08/interna_vidaurbana,454934/justica-e-favoravel-a-uniao-gay-no-exercito.shtml | http://jus.com.br/artigos/8206/a-pratica-da-pederastia-e-crime-militar https://www.cartacapital.com.br/sociedade/direitos-lgbt-do-que-os-militares-tem-medo-8168/amp/ |
Show Difference | ||
Reports (2)
- Duplicate entry
- Status is not correct "Military code: http://www.planalto.gov.br/ccivil_03/decreto-lei/del1001.htm
Article 235: :”
Pederastia ou outro ato de libidinagem
Art. 235. Praticar, ou permitir o militar que com êle se pratique ato libidinoso, homossexual ou não, em lugar sujeito a administração militar:
Pena - detenção, de seis meses a um ano.“
The country has a tipification of crime in the Armed forces called “Pederasty or other libidinous acts” that says that “libidinous acts, homossexual or not” cannot be practiced in places subject to military administration.
As military law is often conducted by oficials that do not have law degrees, there is still punishment for LGBTQAI+ people in the Armed Forces based on that law and the typification of houses subsidised by the armed forces as “places subject to military administration”
"