- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- Varies by Region
- Changing Gender
- ✔ Legal, no restrictions
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✔ Recognized
- 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
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Homosexual activity in Espírito Santo 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 Espírito Santo 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.
Legal
In 2012, a state justice in Espirito Santo issued a letter stating that the civil registry must recognise same-sex marriage.
Civil unions (marriage rights)
Until 2012, Espirito Santo provided legal recognition to same-sex couples as civil unions under federal Brazilian law.
Civil unions (marriage rights) under federal Brazil law
Censorship of LGBT issues in Espírito Santo is varies by region.
Current status
Since Jan 15, 2015
Varies by Region
In 2015 Cachoeiro de Itapemirim began banning "ideological indoctrination" in schools. Since at least 2 other localities have enacted similar policies.
No censorship
Until 2015 when Cachoeiro de Itapemirim began censoring LGBT issues, no localities were doing so in the state of Espírito-Santo.
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 Espírito Santo 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 Espírito Santo is legal.
Current status
Since Jul 25, 2025
Legal under federal Brazil 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 under federal Brazil 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 under federal Brazil law
LGBT employment discrimination in Espírito Santo is sexual orientation and gender identity.
Current status
Since Jun 13, 2019
Sexual orientation and gender identity
In 2019, gender identity became a protected characteristic from discrimination in employment in Espírito Santo under federal Brazilian law.
Same-sex adoption in Espírito Santo is legal.
Current status
Legal under federal Brazil 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 Espírito Santo is not banned.
Current status
Since Jul 6, 2023
Not banned under federal Brazil 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 Espírito Santo is legal.
Current status
Since Aug 8, 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.
Blood donations by MSMs in Espírito Santo is legal.
Current status
Since May 8, 2020
Legal under federal Brazil law
The Supreme Court has ruled that the blood donation ban is unconstitutional in May of 2020.
Banned (1-year deferral) under federal Brazil law
In 2002, Brazil reduced the ban on blood donations from MSMs to a 1-year deferral period.
Banned (indefinite deferral) under federal Brazil law
In 1993, Brazil banned blood donations from men who have sex with men.
Conversion therapy in Espírito Santo 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 Espírito Santo is equal.
Current status
Since Dec 16, 1830
Equal under federal Brazil 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.
Legal Rights
95 / 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 Espírito Santo to help improve its accuracy.
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Espírito Santo LGBT Organizations
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