- 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
- ✔ Recognized
- Discrimination
- ✔ Illegal
- Employment Discrimination
- Unknown
- 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
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Homosexual activity in Rio de Janeiro is legal.
Current status
Since Dec 16, 1830
Legal under federal Brazil 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 Rio de Janeiro is legal.
Current status
Since May 16, 2013
Legal under federal Brazil 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)
Civil unions (marriage rights) under federal Brazil law
Censorship of LGBT issues in Rio de Janeiro is varies by region.
Current status
Since 2016
Varies by Region
There was one failed attempt by lawmakers in the state assembly to censor LGBT issues in education and several municipalities attempted to pass similar laws, some succeeded, the first of which was Nova Iguaçu in 2016.
No censorship
Prior to Nova Iguaçu's successful effort to censor LGBT topics in schools in 2016, no other locality had implemented such policies.
No censorship under federal Brazil 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 under federal Brazil 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 Rio de Janeiro is legal, no restrictions.
Current status
Since Mar 1, 2018
Legal, no restrictions under federal Brazil 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 under federal Brazil law
Until 2018, surgery was required to change your legal gender in Brazil.
Gender-affirming care in Rio de Janeiro is legal, but banned for minors.
Current status
Since Apr 16, 2025
Legal, but banned for minors under federal Brazil 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 under federal Brazil law
Legal recognition of non-binary gender in Rio de Janeiro is recognized.
Current status
Since Sep 23, 2020
Recognized
In 2020, Rio de Janeiro became the first state in Brazil to provide legal recognition for nonbinary people after a decision by the state's justice to recognise such.
Current status
Since May 9, 2025
Recognized under federal Brazil law
On May 9, 2025, the Superior Court of Justice authorized the change in civil registration to include the neutral gender. Unanimously, the ministers decided that there is no legal reason to distinguish binary transgender people from non-binary ones.
LGBT discrimination in Rio de Janeiro is illegal.
Current status
Since May 15, 2000
Illegal
Law Number 3406
LGBT employment discrimination in Rio de Janeiro is unknown.
Current status
Unknown
LGBT housing discrimination in Rio de Janeiro is sexual orientation and gender identity.
Current status
Since Jun 13, 2019
Sexual orientation and gender identity under federal Brazil 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 under federal Brazil law
Serving openly in military in Rio de Janeiro is legal.
Current status
Since Jan 2013
Legal under federal Brazil 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 under federal Brazil 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 Rio de Janeiro is banned.
Current status
Since Jan 2018
Banned under federal Brazil 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 under federal Brazil law
The same judge changed his decision, keeping the “treatment” banned.
Sexual orientation only under federal Brazil 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 Rio de Janeiro is equal.
Legal Rights
97 / 100
This region's Equality Index is based on legal rights alone. Please submit survey results that show the public opinion of LGBTQ+ issues in Rio de Janeiro to help improve its accuracy.
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