- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✔ Legal, surgery not required
- Non-binary gender recognition
- Varies by Region
- 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
No censorship
In Brazil, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Right to change legal gender in Brazil is legal, surgery not required.
Current status
Since Mar 1, 2018
Since Mar 1, 2018
Legal, surgery not required
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 varies by region.
Current status
Since Jul 23, 2021
Since Jul 23, 2021
Varies by Region
Intersex children can be registered with an "unknown" gender on their birth certificate. Non-binary people can have the same registration in some regions of Brazil, court ruling pending.
Recognized
- Rio Grande do Norte 2023
- Goiás 2023
- Distrito Federal 2023
- Minas Gerais 2023
- Paraná 2023
- Pernambuco 2023
- Paraíba 2023
- Rondônia 2022
- Bahia 2022
- Rio Grande do Sul 2022
- Santa Catarina 2022
- Amazonas 2022
- Rio de Janeiro 2022
- São Paulo 2021
- Alagoas 2021
- Piauí 2021
Intersex only
- Acre 2021
- Amapá 2021
- Ceará 2021
- Espírito Santo 2021
- Maranhão 2021
- Mato Grosso 2021
- Mato Grosso do Sul 2021
- Pará 2021
- Roraima 2021
- Sergipe 2021
- Tocantins 2021
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
Age of consent = 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)
Equality Rank
#29
Interest Rank based on Equaldex traffic ?
Top Contributors
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- lucasvalentim 1 contribution
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- equaldex 1 contribution
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Common queries:
- Is it illegal to be gay in Brazil?
- Is homosexuality legal in Brazil?
- Is gay marriage legal in Brazil?
Alternative names: Brasil (local name)
