- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- Ambiguous
- Changing Gender
- ✔ Legal, no restrictions
- Gender-Affirming Care
- ✖ Legal, but banned for minors
- Non-Binary Gender Recognition
- ✔ Recognized
- Hate Crime Protections
- ✔ Sexual orientation and gender identity
- 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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Equal Treatment
Visibility & Representation
Culture
Services
History
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 ambiguous.
Current status
Since Apr 24, 2020
Ambiguous
In 2020, the Supreme Court of Brazil declared censorship of LGBTIQ+ issues in schools unconstitutional but did not explicitly strike down the law in São Paulo.
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".
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 Oct 2, 2025
Legal, but banned for minors under federal Brazil law
On October 2, 2025, Judge Flávio Dino of the Supreme Federal Court overturned a decision by the Federal Court of Acre and reinstated Resolution 2427/2025 of the Federal Council of Medicine, which prohibits puberty blockers and hormone therapy for minors under 18 years of age. The resolution also establishes that sex reassignment surgeries can only be performed for those 21 and older.
The decision will remain in effect until the plenary session of the Supreme Federal Court of Justice reviews the lawsuit filed against the resolution.
The decision will remain in effect until the plenary session of the Supreme Federal Court of Justice reviews the lawsuit filed against the resolution.
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
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.
Hate crime protections in São Paulo is sexual orientation and gender identity.
Current status
Since Jun 13, 2019
Sexual orientation and gender identity under federal Brazil law
There is legal protection from hate crimes based on sexual orientation and gender identity under Law 7,716/1989 after the ruling of the Federal Supreme Court.
LGBT discrimination in São Paulo is illegal.
Current status
Since Jun 13, 2019
Illegal
In 2019, sexual orientation and gender identity both became protected characteristics from discrimination in education and healthcare in Sao Paulo under federal Brazilian law.
Illegal in some contexts
In 2001, São Paulo passed Law 10,948 which provided protections from discrimination on the basis of sexual orientation and gender identity in employment, housing and goods and services. However, there were no protections from discrimination in healthcare and education.
Same-sex adoption in São Paulo 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 São Paulo 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 São Paulo 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 São Paulo 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 São Paulo is banned.
Current status
Since Jan 29, 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.
In December 2025, the Federal District Legislative Chamber approved a bill prohibiting any sort of conversion therapy within the capital, Brasília, under penalties that may include fine or operating license revocation. The bill is yet to be enacted by the Federal District governor.
In December 2025, the Federal District Legislative Chamber approved a bill prohibiting any sort of conversion therapy within the capital, Brasília, under penalties that may include fine or operating license revocation. The bill is yet to be enacted by the Federal District governor.
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.
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
93 / 100
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