- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✖ State-enforced
- Changing Gender
- ✔ Legal, no restrictions
- Gender-Affirming Care
- ✖ Legal, but banned for minors
- Non-Binary Gender Recognition
- ✔ Recognized
- Discrimination
- ✔ Illegal
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- Unknown
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- ✔ Full ban
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✔ Banned
- Age of Consent
- ✔ Equal
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Homosexual activity in São Paulo 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 São Paulo 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)
Until 2013, Sao Paulo recognised same-sex couples as civil unions under federal Brazilian law.
Civil unions (marriage rights) under federal Brazil law
Censorship of LGBT issues in São Paulo is state-enforced.
Current status
Since Sep 3, 2019
State-enforced
In addition to some localities censoring some lgbt issues in school, the state's governor, in 2019 the governor ordered the removal of materials in 8th-grade classrooms (13/14 years old) containing information defining "gender identity" and "sexual orientation" as well as sexual health.
Varies by Region
In 2017 the localities of Várzea Paulista and Pedreira banned information in schools about sexual orientation or "gender ideology". Additionally, a bill was proposed in the state assembly that would ban “the practice of political and ideological indoctrination in the classroom,” but the bill later failed.
No censorship
Before the Várzea Paulista and Pedreira localities banned information in schools about sexual orientation and "gender ideology".
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 São Paulo 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 São Paulo 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 São Paulo is recognized.
Current status
Since Nov 1, 2021
Recognized
In 2021, the 3rd Chamber of Private Law of the Court of Justice of Sao Paulo ruled that nonbinary people should be provided legal gender recognition in the state.
Intersex only
In 2021, Sao Paulo began providing legal recognition to intersex people under federal Brazilian law. However, nonbinary people would not be recognised until 2 months later.
LGBT discrimination in São Paulo is illegal.
Current status
Since Nov 5, 2001
Illegal
LGBT housing discrimination in São Paulo is unknown.
Current status
Unknown
Serving openly in military in São Paulo 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 São Paulo 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 São Paulo is equal.
Legal Rights
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