- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- Varies by Region
- Changing Gender
- ✔ Legal, no restrictions
- Gender-Affirming Care
- ✖ Legal, but banned for minors
- 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
- 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 49 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.
Civil unions (marriage rights) federal law
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 varies by region.
Current status
Since 2014
Varies by Region
Some Brazilian states have censored LGBTQIA+ topics; some state lawmakers have made bills banning “indoctrination” or “gender ideology” in schools.
No censorship
- Amazonas 2024
- Rondônia 2023
- Alagoas 2020
- Tocantins 2020
- Goiás 2020
- Acre 2014
- Amapá 2014
- Bahia 2014
- Pará 2014
- Piauí 2014
- Rio Grande do Sul 2014
- Roraima 2014
- Sergipe 2014
- Distrito Federal 2014
State-enforced
- Maranhão 2023
- Paraná 2023
- Mato Grosso do Sul 2021
- Santa Catarina 2021
- São Paulo 2019
- Ceará 2016
Varies by Region
- Minas Gerais 2021
- Mato Grosso 2018
- Paraíba 2017
- Pernambuco 2017
- Rio Grande do Norte 2017
- Rio de Janeiro 2016
- Espírito Santo 2015
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.
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.
Legal, but requires surgery federal law
Until 2018, surgery was required to change your legal gender in Brazil.
Gender-affirming care in Brazil is legal, but banned for minors.
Current status
Since Apr 16, 2025
Legal, but banned for minors federal law
In 2025, Brazil’s Federal Council for Medicine issued a new resolution raising the minimum age for hormone therapy to 18 and the minimum age for surgeries to 21, banning its care to youth. This does not effect those already undergoing such care.
Legal recognition of non-binary gender in Brazil is varies by region.
Current status
Since Sep 23, 2020
Varies by Region
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 since September 11, 2021.
However in some states, non-binary people can also have the same registration, first provided in Rio de Janeiro on September 23rd, 2020.
However in some states, non-binary people can also have the same registration, first provided in Rio de Janeiro on September 23rd, 2020.
Recognized
- Ceará 2024
- Rio Grande do Norte 2023
- Goiás 2023
- Distrito Federal 2023
- Minas Gerais 2023
- Paraná 2023
- Pernambuco 2023
- Tocantins 2023
- Paraíba 2023
- Rondônia 2022
- Bahia 2022
- Amazonas 2022
- São Paulo 2021
- Alagoas 2021
- Piauí 2021
- Santa Catarina 2021
- Rio de Janeiro 2020
Intersex only
- Rio Grande do Sul 2023
- Acre 2021
- Amapá 2021
- Espírito Santo 2021
- Maranhão 2021
- Mato Grosso 2021
- Mato Grosso do Sul 2021
- Pará 2021
- Roraima 2021
- Sergipe 2021
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.
Until Oct 4, 1989
No protections federal law
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.
Don't Ask, Don't Tell 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?
- Is homosexuality legal in Brazil?
- Is gay marriage legal in Brazil?
Alternative names: Brasil (local name)
