Back معاملة المثليين في البرازيل Arabic LGBT práva v Brazílii Czech LGBT in Brasilien German Δικαιώματα ΛΟΑΤ στη Βραζιλία Greek Rajtoj de GLAT en Brazilo Esperanto Derechos LGBT en Brasil Spanish Droits LGBT au Brésil French Diritti LGBT in Brasile Italian Sytuacja prawna i społeczna osób LGBT w Brazylii Polish Direitos LGBT no Brasil Portuguese

LGBTQ rights in Brazil

LGBTQ rights in Brazil
Brazil
StatusLegal since 1830,[1] age of consent equal
Gender identityGender change allowed, surgery not required since 2018[2]
MilitaryAll LGBT people are allowed to serve openly[3]
Discrimination protectionsExplicit legal protections nationwide on the basis of sexual orientation and gender identity since 2019
Family rights
Recognition of relationshipsSame-sex marriage legal nationwide since 2013[4][5]
AdoptionFull adoption rights since 2010[6]

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Brazil rank among the highest in the world.[7][8] Same-sex couples in Brazil have enjoyed the same rights guaranteed to heterosexual ones since 16 May 2013, including marriage and adoption.[9] On June 13, 2019, the Brazilian Supreme Court ruled that discrimination on the basis of sexual orientation and gender identity is a crime akin to racism.[10]

On May 5, 2011, the Supreme Federal Court voted in favor of granting same-sex couples the same 112 legal rights as couples in stable union. The decision was approved by a 10–0 vote with one abstention – one justice abstained because he had spoken publicly in favor of same-sex unions when he was attorney general.[11] The ruling gave same-sex couples in stable unions the same financial and social rights enjoyed by those in opposite-sex relationships.[12] On October 25, the Superior Court of Justice ruled that two women can legally marry. Differently from the U.S. Supreme Court's "stare decisis", the Superior Court decision would only reach the authors of the demand, but stood as a precedent that could be followed in similar cases. It was the highest court in Brazil to uphold a same-sex marriage. This overturned two lower courts' rulings against the women. The Court ruled that the Brazilian Constitution guarantees same-sex couples the right to marry and that the current Civil Code does not prohibit the marriage of two people of the same sex.[13][14][15]

These decisions paved the way for future legalization on same-sex matrimonial rights. Consequently, on May 14, 2013, the National Council of Justice legalized same-sex marriage in the entire country in a 14–1 vote by issuing a ruling that orders all civil registers of the country to license and perform same-sex marriages and convert any existing stable unions into marriages if the couples so desire.[16][17][18][19][20] Joaquim Barbosa, then president of the Council of Justice and the Supreme Federal Court, said in the decision that notaries cannot continue to refuse to "licensing and performance of a civil marriage or the conversion of a stable union into a marriage between two people of the same sex".[9] The ruling was published on May 15 and took effect on May 16, 2013.[21][22]

The status of LGBT rights in Brazil has expanded since the end of the military dictatorship in 1985, and the creation of the new Constitution of Brazil of 1988.[23] A 2019 survey conducted by the Brazilian Institute of Geography and Statistics (IBGE), indicated that out of a total of 108.000 households (representing the entire population), 2.9 million Brazilians self-identify as homosexual or bisexual (1.8% of the population aged 18 and over).[24] According to the Guinness World Records, the São Paulo Gay Pride Parade is the world's largest LGBT Pride celebration, with 4 million people attending in 2009.[25] Brazil had 60,002 same-sex couples living together and 37,5 million heterosexual couples, according to the 2010 Brazilian Census carried out by IBGE.[26] The country has about 300 active LGBT organizations.[27] According to a 2022 Datafolha survey, the percentage of Brazilians who think homosexuality should be accepted by society had increased from 64% in 2014 to 79% in 2022.[28] However, Brazil is reported to have the highest LGBT murder rate in the world, with more than 380 murders in 2017 alone, an increase of 30% compared to 2016.[29] That same year, Brazil also reported the highest homicide rate in its history, with a total of 63,880 homicides.[30]

  1. ^ 16 December 1830 Law Archived May 10, 2019, at the Wayback Machine (in Portuguese)
  2. ^ "G1 > Brasil - NOTÍCIAS - STJ autoriza transexual a mudar nome e sexo na certidão de nascimento". g1.globo.com. Archived from the original on August 10, 2014. Retrieved May 15, 2010.
  3. ^ Gays and Lesbians allowed to serve openly in the Brazilian Military Archived October 5, 2011, at the Wayback Machine (in Portuguese)
  4. ^ "Portal CNJ - CNJ determina que cartórios terão de reconhecer união de pessoas do mesmo sexo". Archived from the original on June 15, 2013. Retrieved May 14, 2013.
  5. ^ "Brazilian judicial council orders notaries to recognize same-sex marriage". CNN. May 15, 2013. Archived from the original on December 25, 2017. Retrieved May 15, 2013.
  6. ^ "Justiça gaucha autoriza casal homossexual a adotar crianças". Consultor Jurídico. April 5, 2006. Archived from the original on April 19, 2019. Retrieved August 29, 2009.
  7. ^ Staff (January 1, 2023). "LGBT Equality Index: The Most LGBT-Friendly Countries in the World". Equaldex. Retrieved March 6, 2023.
  8. ^ "Brazil". Outright International. Retrieved November 22, 2023.
  9. ^ a b Marilia Brocchetto (May 15, 2013). "Brazilian judicial council: Notaries must recognize same-sex marriage". CNN. Archived from the original on December 25, 2017. Retrieved May 7, 2016.
  10. ^ "Brazil's Supreme Court Votes to Make Homophobia a Crime". The New York Times. May 23, 2019. Archived from the original on June 2, 2019. Retrieved May 24, 2019.
  11. ^ Same-sex unions recognized by Brazil's high court Archived October 7, 2012, at the Wayback Machine (in English), CNN, Marilia Brocchetto and Luciani Gomes
  12. ^ "Brazil gay couples get new rights". BBC News. May 6, 2011. Archived from the original on April 29, 2019. Retrieved May 19, 2020.
  13. ^ ConJur (October 25, 2011). "STJ reconhece casamento entre pessoas do mesmo sexo".
  14. ^ g1 (October 25, 2011). "STJ autoriza casamento gay para casal de gaúchas".{{cite web}}: CS1 maint: numeric names: authors list (link)
  15. ^ Folha de São Paulo. "Pela 1ª vez, STJ autoriza casamento homoafetivo".
  16. ^ Felipe Recondo - O Estado de S. Paulo. "CNJ obriga cartórios a celebrar casamento entre homossexuais". Estadão. Archived from the original on January 21, 2014. Retrieved May 7, 2016.
  17. ^ "G1 - Decisão do CNJ obriga cartórios a fazer casamento homossexual - notícias em Política". Política. May 14, 2013. Archived from the original on April 19, 2019. Retrieved May 7, 2016.
  18. ^ "Jornal do Brasil". Archived from the original on July 7, 2015. Retrieved May 7, 2016.
  19. ^ Romero, Simon (May 14, 2013). "Brazilian Court Council Removes a Barrier to Same-Sex Marriage". New York Times. Archived from the original on July 2, 2019. Retrieved May 15, 2013.
  20. ^ "Brazil judicial panel clears way for gay marriage". Archived from the original on June 9, 2013.
  21. ^ (in Portuguese) DIÁRIO DA JUSTIÇA CONSELHO NACIONAL DE JUSTIÇA Edição nº 89/2013 Archived September 27, 2013, at the Wayback Machine
  22. ^ G1, Mariana OliveiraDo; Brasília, em (May 15, 2013). "Regra que obriga cartórios a fazer casamento gay vale a partir do dia 16". Política. Archived from the original on April 19, 2019. Retrieved May 17, 2013.{{cite web}}: CS1 maint: numeric names: authors list (link)
  23. ^ "Gay rights during the military dictatorship (1964–1985)". Archived from the original on July 15, 2015.
  24. ^ G1 (May 25, 2022). "Diversidade sexual: 2,9 milhões de brasileiros se declaram homossexuais ou bissexuais, aponta IBGE". Archived from the original on June 11, 2022. Retrieved June 11, 2022.{{cite web}}: CS1 maint: numeric names: authors list (link)
  25. ^ "IIS Windows Server". saopaulo.gaypridebrazil.org. Archived from the original on December 24, 2017. Retrieved August 17, 2009.
  26. ^ Censo mostra que o Brasil tem 60 mil casais gay com união estável Archived March 15, 2012, at the Wayback Machine (in Portuguese)
  27. ^ "Parada gay de Curitiba com cunho político". Archived from the original on July 15, 2015.
  28. ^ Folha de São Paulo (June 4, 2022). "Datafolha: 8 em cada 10 brasileiros acham que homossexualidade deve ser aceita". Archived from the original on June 11, 2022. Retrieved June 11, 2022.
  29. ^ "Brazil has world's highest LGBT murder rate, with 100s killed in 2017 - MambaOnline - Gay South Africa online". MambaOnline - Gay South Africa online. January 24, 2018. Archived from the original on September 24, 2018. Retrieved March 29, 2018.
  30. ^ "Brasil bate novo recorde e tem maior nº de assassinatos da história com 7 mortes por hora em 2017; estupros aumentam 8%". August 9, 2018. Archived from the original on May 13, 2019. Retrieved April 29, 2019 – via www.g1.globo.com.
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