- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- Varies by Region
- Changing Gender
- ✔ Legal, no restrictions
- Gender-Affirming Care
- ✔ Legal
- 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
- ✖ Not banned
- 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 56 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 Jan 15, 2015
Varies by Region
Some Brazilian states have censored LGBTQIA+ topics; some state lawmakers have made bills banning “indoctrination” or “gender ideology” in schools. Considerations were made since 2014 with the first taking effect in 2015. Some would be repealed by the Supreme Court but others have continued to have bans in place.
In 2020, the Supreme Court of Brazil ruled that attempts at censoring LGBTIQ+ content and expression in schools violate the constitution. However, not all laws, both before and after the ruling, have been struck down leaving a sense of ambiguity in the legality of the laws remaining.
In 2020, the Supreme Court of Brazil ruled that attempts at censoring LGBTIQ+ content and expression in schools violate the constitution. However, not all laws, both before and after the ruling, have been struck down leaving a sense of ambiguity in the legality of the laws remaining.
No censorship
- Santa Catarina 2025
- Rio Grande do Sul 2025
- Amazonas 2024
- Rondônia 2023
- Alagoas 2020
- Tocantins 2020
- Goiás 2020
- Acre 1988
- Amapá 1988
- Bahia 1988
- Pará 1988
- Piauí 1988
- Roraima 1988
- Sergipe 1988
- Distrito Federal 1988
Ambiguous
- Maranhão 2023
- Paraná 2023
- Mato Grosso do Sul 2021
- Minas Gerais 2021
- Ceará 2020
- São Paulo 2020
- Mato Grosso 2018
- Rio Grande do Norte 2017
- Pernambuco 2017
- Paraíba 2017
- Rio de Janeiro 2016
- Espírito Santo 2015
No censorship
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.
Current status
Since Jul 25, 2025
Legal federal law
In July 2025, the resolution by the Federal Council for Medicine was blocked by a federal judge. This allowed the previous resolution from 2020 that granted access to puberty blockers and hormone replacement therapy to those above 16 years old - with parental approval required for those under 18 - and sex reassignment surgeries to those above 18 years old through the Brazilian public healthcare system, to go back into effect immediately.
Legal, but banned for minors federal law
In April 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, as 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 legally identify as such; this was first provided in Rio de Janeiro on September 23rd, 2020.
In May of 2025, the Supreme Court of Justice in Brasilia granted a non-binary person official documents with gender-neutral markers. However, this ruling only applies to that specific case and does not require Brazil to provide a third gender option on official documentation at a federal level otherwise.
However, in some states, non-binary people can legally identify as such; this was first provided in Rio de Janeiro on September 23rd, 2020.
In May of 2025, the Supreme Court of Justice in Brasilia granted a non-binary person official documents with gender-neutral markers. However, this ruling only applies to that specific case and does not require Brazil to provide a third gender option on official documentation at a federal level otherwise.
Recognized
- Espírito Santo 2025
- Ceará 2024
- Rio Grande do Norte 2023
- Goiás 2023
- Distrito Federal 2023
- Minas Gerais 2023
- Pernambuco 2023
- Tocantins 2023
- Paraíba 2023
- Rondônia 2022
- Bahia 2022
- Amazonas 2022
- Amapá 2022
- São Paulo 2021
- Alagoas 2021
- Piauí 2021
- Santa Catarina 2021
- Rio de Janeiro 2020
Intersex only
- Rio Grande do Sul 2023
- Paraná 2023
- Acre 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".
Varies by Region
Since 1989, Brazilian states have begun providing protections from discrimination in some or all areas to LGBTIQ+ 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
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
Same-sex adoption in Brazil is legal.
Current status
Legal federal law
Same-sex adoption was never banned in Brazil, but it was formalized on April 27, 2010, when the Supreme Federal Court authorized it. However, couples were still able to adopt before then.
Intersex infant surgery in Brazil is not banned.
Current status
Since Jul 6, 2023
Not banned federal law
There is no legal ban in place. In April 2025, Bill No. 1318/2025, establishing the Statute of Intersex Persons, was introduced to the Chamber of Deputies. This bill seeks to ban abusive medical practices against intersex people.
In 2023, the National Health Conference suggested banning the practice but so far, no ban has been implemented. The National Health Conference helps formulate guidelines and proposals that will guide public health policies in the near future. These conferences provide guidance and shape new ideas for public policy.
In 2023, the National Health Conference suggested banning the practice but so far, no ban has been implemented. The National Health Conference helps formulate guidelines and proposals that will guide public health policies in the near future. These conferences provide guidance and shape new ideas for public policy.
Serving openly in military in Brazil is legal.
Current status
Since Aug 8, 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.
Blood donations by MSMs in Brazil is legal.
Current status
Since May 8, 2020
Legal federal law
The Supreme Court has ruled that the blood donation ban is unconstitutional in May of 2020.
Banned (1-year deferral) federal law
In 2002, Brazil reduced the ban on blood donations from MSMs to a 1-year deferral period.
Banned (indefinite deferral) federal law
In 1993, Brazil banned blood donations from men who have sex with men.
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.
Equal age of consent in Brazil is equal.
Current status
Since Dec 16, 1830
Equal federal law
Since decriminalisation in 1830, the age of consent for homosexual relations has always remained equal to that of heterosexual ones in Brazil.
According to the Brazilian Penal Code of 1940, the age of consent for sexual intercourse is the same for both heterosexual and homosexual couples: 14 years old.
According to the Brazilian Penal Code of 1940, the age of consent for sexual intercourse is the same for both heterosexual and homosexual couples: 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 ?
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Common queries:
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Alternative names: Brasil (local name)
