LGBT Rights in Brazil

Homosexuality
⚢
✔ Legal
Marriage
⚭
✔ Legal
Changing Gender
✔ Legal, but requires surgery
Adoption
✔ Legal
Discrimination
Illegal in some contexts
Employment Discrimination
✔ Sexual orientation and gender identity
Housing Discrimination
Varies by Region
Military
✔ Legal
Donating Blood
✖ Banned (6-month deferral)
Age of Consent
✔ Equal
Conversion Therapy
✔ Banned

Public Opinion

By The Numbers

74^%

of Brazilians think homosexuality should be accepted by society

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

History

Homosexual activity in Brazil

Current status
(since Oct 5, 1988)

Legal

October 5th 1988 is the date when our current constitution was approved, which condemns any kind of discrimination. Although, being gay it's not illegal in Brazil a long time ago.

Details · Accurate? Yes No

Same-sex marriage in Brazil

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

Right to change legal gender in Brazil

Current status
(since Nov 1, 2003)

Legal, but requires surgery

Details · Accurate? Yes No

Nov 1, 2003–Mar 9, 2018

Legal, surgery not required

Not required since 2009. Missing non binary options on documents.

Details · Accurate? Yes No

Same-sex adoption in Brazil

Current status
(since 2000)

Legal

Details · Accurate? Yes No

LGBT discrimination in Brazil

Jun 13, 2019–2020

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–Jul 1, 2018

Illegal in some contexts

Missing housing discrimination protections since 2011.

Details · Accurate? Yes No

Current status
(since Oct 5, 1988)

Illegal in some contexts

Details · Accurate? Yes No

LGBT employment discrimination in Brazil

Current status
(since Jan 1, 2011)

Sexual orientation and gender identity

Nationwide since 2011

Details · Accurate? Yes No

LGBT housing discrimination in Brazil

Current status

Varies by Region

goes by different jurisdiction.

Details · Accurate? Yes No

Sexual orientation and gender identity

Sexual orientation only

Minas Gerais

No protections

Tocantins

Homosexuals serving openly in military in Brazil

Current status
(since Aug 2005)

Legal

Details · Accurate? Yes No

Blood donations by MSMs in Brazil

Current status
(since 1993)

Banned (6-month deferral)

Details · Accurate? Yes No

Jan 1, 1993–Aug 25, 2017

Banned (6-month deferral)

Details · Accurate? Yes No

Equal age of consent in Brazil

Current status
(since Dec 7, 1940)

Equal

Age of consent = 14 years old

Details · Accurate? Yes No

Conversion therapy in Brazil

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