LGBT Rights in Brazil

Homosexuality: ⚢
✔ Legal
Gay Marriage: ⚭
✔ Legal
Censorship: ✔ No censorship
Changing Gender: ✔ Legal, surgery not required
Non-binary gender recognition: ✔ Intersex only
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

Suggest Public Opinion Data

Public Opinion

Views on same-sex marriage or other legal recognition

Ranked #17 out of 27 regions surveyed. (Source: Ipsos, April–May, 2021)

(18%) Against

Support (68%)

Views on same-sex couples' right to adopt

Ranked #14 out of 27 regions surveyed. (Source: Ipsos, April–May, 2021)

(25%) Disagree

Agree (69%)

Acceptance of homosexuals as neighbors

Ranked #9 out of 79 regions surveyed. (Source: World Values Survey, 2017-2020)

Question: "On this list are various groups of people. Could you please mention any that you would not like to have as neighbors?"

(6.8%) Mentioned homosexuals

Did not mention homosexuals (93.2%)

Justifiability of homosexuality

Ranked #29 out of 79 regions surveyed. (Source: World Values Survey, 2017-2020)

Question: "Please tell me for each of the following statements whether you think it can always be justified, never be justified, or something in between."

(33.1%) Not justifiable

Justifiable (28.6%)

Opinion on same-sex couples as parents

Ranked #24 out of 74 regions surveyed. (Source: World Values Survey, 2017-2020)

Question: "Homosexual couples are as good parents as other couples"

(28.5%) Disagree

Agree (51.8%)

"Should society accept homosexuality?" (2019)

Ranked #15 out of 34 regions surveyed. (Source: Pew Research Center, May–October, 2019)

Question: "Should society accept homosexuality?"

(23%) No

Yes (67%)

Support for same-sex marriage (North and South America)

Ranked #6 out of 29 regions surveyed. (Source: AmericasBarometer, 2016-2017)

Question: "How strongly do you approve or disapprove of same-sex couples having the right to marry?"

(47.9%) Disapprove

Approve (52.1%)

Acceptance of Gay People in Public Office (North and South America)

Ranked #5 out of 29 regions surveyed. (Source: AmericasBarometer, 2016-2017)

Question: "How strongly do you approve or disapprove of [homosexuals] running for public office?"

(35.9%) Disapprove

Approve (64.1%)

"Should society accept homosexuality?" (2013)

Ranked #14 out of 39 regions surveyed. (Source: Pew Research Center, June, 2013)

Question: "Should society accept homosexuality?"

(36%) No

Yes (60%)

Perceived Acceptance of Gay People

Ranked #16 out of 119 regions surveyed. (Source: Gallup, 2013)

Question: "Is the city or area where you live a good place or not a good place for homosexuals?"

(24%) Not a good place

Good place (68%)

By The Numbers

80^%

of Brazilians think homosexuality should be accepted by society

(Datafolha, 2022)

79^%

of Brazilians think society accept homosexuality

(DataFolha - Pew Research Center, 2022)

74^%

of Brazilians think homosexuality should be accepted by society

(TV Globo, Folha de S.Paulo, 2017)

History

Homosexual activity in Brazil

Homosexual activity in Brazil is legal.

Current status
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.

Details · Accurate? Yes No

Same-sex marriage in Brazil

Same-sex marriage in Brazil is legal.

Current status
Since May 14, 2013

Legal

Since May 14, 2013, any same-sex civil union can be converted into marriage, according to the Conselho Nacional de Justiça (CNJ) resolution.

Details · Accurate? Yes No

May 5, 2011–May 14, 2013

Civil unions

Although the first formal legal recognition of a civil union took place in 2004 (See first source), the Supreme Court did not rule in favor of civil unions throughout the country until May 5, 2011.

Details · Accurate? Yes No

Censorship of LGBT Issues in Brazil

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.

Details · Accurate? Yes No

Right to change legal gender in Brazil

Right to change legal gender in Brazil is legal, surgery not required.

Current status
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.

Details · Accurate? Yes No

Nov 1, 2003–Mar 1, 2018

Legal, but requires surgery

Until 2018, surgery was required to change your legal gender in Brazil.

Details · Accurate? Yes No

Legal recognition of non-binary gender in Brazil

Legal recognition of non-binary gender in Brazil is intersex only.

Current status
Since Sep 12, 2021

Intersex only

Children born with no gender defined as male or female, in a condition known as Sex Differentiation Anomaly, – also know as intersex – may be registered with the “unknown” gender on the birth certificate. And also perform, at any time, the option of assigning sex at any Civil Registry Office, without the need for judicial authorization, proof of sexual surgery and hormonal treatment or presentation of a medical or psychological report.

Details · Accurate? Yes No

Until Nov 30, -0001

Varies by Region

Nationwide only intersex people have third gender option

On São Paulo and Rio de Janeiro it's legally recognized the Non-Binary identity on documents for anyone.

Details · Accurate? Yes No

LGBT discrimination in Brazil

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".

Details · Accurate? Yes No

Oct 5, 1988–Jun 13, 2019

Illegal in some contexts

Discrimination is illegal in some parts of Brazil.

Details · Accurate? Yes No

Oct 5, 1988–Jul 1, 2018

Illegal in some contexts

Missing housing discrimination protections since 2011.

Details · Accurate? Yes No

LGBT employment discrimination in Brazil

LGBT employment discrimination in Brazil is sexual orientation and gender identity.

Current status
Since Jan 1, 2011

Sexual orientation and gender identity

Nationwide since 2011

Details · Accurate? Yes No

LGBT housing discrimination in Brazil

LGBT housing discrimination in Brazil is sexual orientation and gender identity.

Current status
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.

Details · Accurate? Yes No

Oct 5, 1988–Jun 13, 2019

Ambiguous

Although the Brazilian constitution of 1988 prohibits any form of discrimination, it was not until 2019 that homosexuals and trans people were definitively recognized as one of these groups.

Details · Accurate? Yes No

Same-sex adoption in Brazil

Same-sex adoption in Brazil is legal.

Current status
Since 2000

Legal

Details · Accurate? Yes No

Serving openly in military in Brazil

Serving openly in military in Brazil is legal.

Current status
Since Aug 2005

Legal

Details · Accurate? Yes No

Blood donations by MSMs in Brazil

Blood donations by MSMs in Brazil is legal.

Current status
Since May 8, 2020

Legal

The Supreme Court has ruled that the blood donation ban is unconstitutional in May of 2020.

Details · Accurate? Yes No

1993–May 8, 2020

Banned (1-year deferral)

Blood Donation was banned in Brazil until 2020.

Details · Accurate? Yes No

Conversion therapy in Brazil

Conversion therapy in Brazil is banned.

Current status
Since 1999

Banned

Banned by Brazil's Federal Psychology Council: "psychologists shall not collaborate in events or services offering treatment and cure for homosexuality."

Details · Accurate? Yes No

Equal age of consent in Brazil

Equal age of consent in Brazil is equal.

Current status
Since Dec 7, 1940

Equal

Age of consent = 14 years old

Details · Accurate? Yes No

LGBT Rights by State

View the LGBT laws in each individual state of Brazil.

Equality Index ?

81 / 100

Legal Rights

98 / 100

Public Opinion

64 / 100

#29

Interest Rank ?

Top Contributors

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Discussions

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Alternative names: Brasil (local name)

LGBT Rights in Brazil

Public Opinion

Views on same-sex marriage or other legal recognition

Views on same-sex couples' right to adopt

Acceptance of homosexuals as neighbors

Justifiability of homosexuality

Opinion on same-sex couples as parents

"Should society accept homosexuality?" (2019)

Support for same-sex marriage (North and South America)

Acceptance of Gay People in Public Office (North and South America)

"Should society accept homosexuality?" (2013)

Perceived Acceptance of Gay People

By The Numbers

History

Homosexual activity in Brazil

Same-sex marriage in Brazil

Censorship of LGBT Issues in Brazil

Right to change legal gender in Brazil

Legal recognition of non-binary gender in Brazil

LGBT discrimination in Brazil

LGBT employment discrimination in Brazil

LGBT housing discrimination in Brazil

Same-sex adoption in Brazil

Serving openly in military in Brazil

Blood donations by MSMs in Brazil

Conversion therapy in Brazil

Equal age of consent in Brazil

LGBT Rights by State

Top Contributors

8 Users live in Brazil

Brazil LGBT Organizations

Share Topic

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