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The court denied the public prosecutor's request, saying that for such cases, the child's will must be respected. The Supreme Court found that it can break paradigms and demonstrated that the judiciary is trying to open their vision to our social reality in order to guarantee the rights of people," she said. The decision of the Supreme Federal Court opens the way for other same-sex couples to receive the same rights in the country.

The states of Brazil are prohibited from creating discriminatory laws, according to the national Constitution. While the Constitution prohibits discrimination on a variety of characteristics, such as "origin, race, sex, colour [and] age", sexual orientation is not explicitly mentioned. The Constitution does forbid "any other forms of discrimination".

Traditional images of Latin America " machismo " and the resulting homophobia are changing now that individual rights, including one's right in accordance with one's sexual orientation, enjoy the protection of the law. Brazil adopted a liberal Constitution in , and continues to provide more protections for all of its citizens.

As of , discrimination on the basis of sexual orientation was prohibited in 73 municipal statutes. Several states have also established public taskforces and commissions to investigate reports of discrimination. Legal prohibitions of discrimination against transgender people varies from state to state.

Many states enacted protections for gender identity at the same time as for sexual orientation, while others did so some years later. The State and Municipalities shall ensure, within their territory and within the limits of their competence, the fullness and guarantee of the rights and social principles provided for in the Federal Constitution and in the international treaties in force in [Brazil], including those concerning urban, rural workers and public servants, as well as the prohibition of discrimination based on religious belief or sexual orientation.

No one shall be discriminated against or harmed by reason of birth, age, ethnicity, race, color, sex, genetic characteristics, marital status, rural or urban work, religion, political or philosophical beliefs, sexual orientation, physical, immunological, sensory or mental disability, in accordance with the Federal Constitution. Many Brazilian cities and states have anti-discriminatory legislation that explicitly includes sexual orientation.

Some of them provide specific sanctions and penalties for those who engage in discrimination. Those aged between 16 and 30 were also more likely to support legislation to ban LGBT discrimination. As of , a federal anti-discrimination law is pending approval on the Brazilian Senate.

This fact is constantly used by the opposition of the anti-discrimination law to show that there is no need for specific laws. The defenders of the new law, however, argue that without clear designation, this will still be considered somewhat of a lesser crime.

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Some conservative Catholic and Protestant senators argue that the law would be an aggression on religious freedom granted by the Constitution. The bill would need to be approved by the full Senate and Chamber of Deputies before becoming law. Six of the Supreme Court's 11 judges voted in favor of the measure, while the five other judges were granted more time to make their decision. Eventually, on 13 June, the Supreme Court issued its final ruling, in an 8—3 vote. Multiple states and schools have established guidelines and policies regarding LGBT students.

These include, among others, preventing and prohibiting bullying, creating support programmes and using a transgender student's preferred name. In August , the Supreme Federal Court struck down a Palmas law which banned "gender and sexuality courses" in schools. Transgender women in Brazil fall into two categories: " travestis " and transsexuals, although for Brazilians the two terms are interchangeable. To the extent that the latter insist on distinguishing themselves from transvestites, it is because transsexuals consider that they were born into the wrong body, whereas transvestites do not experience as deeply internal conflicts in relation to their male bodies.

The formal labor market is largely closed to transgender people.

An extremely small minority of transvestites have university educations or professional qualifications. With few exceptions, the only professions open to them are nursing, domestic service, hairdressing, gay entertainment, and prostitution. In some cases, even those who work as hairdressers, gay nightclub artists and domestic servants also double as sex workers. In the central, north and northeastern regions of Brazil, transgender people from extremely poor families sometimes begin working as prostitutes as early as 12 years of age, especially if they have been expelled from home by their families.

Despite being included in Brazil's acronym in the struggle for LGBT rights , transgender people receive little outreach from the more mainstream gay and lesbian groups. There are, however, associations of transgender people in several Brazilian states and cities.

One program in Rio de Janeiro focuses on the reintegration of transvestites into society through training and employment opportunities. Brazil's public health system provides free sex reassignment surgery. Federal prosecutors from the state of Rio Grande do Sul had argued that sex reassignment surgery is covered under a constitutional clause guaranteeing medical care as a basic right. In , the 4th Regional Federal Court agreed, saying in its ruling that "from the biomedical perspective, transsexuality can be described as a sexual identity disturbance where individuals need to change their sexual designation or face serious consequences in their lives, including intense suffering, mutilation and suicide.

Patients must be at least 21 years old and diagnosed as transsexuals with no other personality disorders and must undergo a psychological evaluation for at least two years, the ministry said. Gay activists applauded the decision.

So far, the measure has not prompted any opposition. Brazil's public health system offers free health care to all Brazilians, including a variety of surgeries and free AIDS medication. But long lines and poorly equipped facilities mean that those who can afford it usually choose to pay for private hospitals and clinics. The Health Ministry said that since through , about sex reassignment surgeries had been performed at three university hospitals. Two landmark transgender rights rulings were handed down on 1 March First, the Superior Electoral Court ruled that transgender people may run in an election under their preferred name.

Transgender advocates hailed the decision, as elections were held in October Second, the Brazilian Supreme Court unanimously ruled that transgender people may change their legal gender without undergoing surgery or hormonal therapy, which were previously requirements. A transgender individual seeking to change their gender to reflect their gender identity can now simply apply to do so at a registry post in the country, without the need of a judicial document or any medical report.

LGBT rights in Brazil

Sexual orientation cannot be an obstacle for entry into the police force or the military in Brazil. All sexual acts are disallowed between members of the forces, be it heterosexual or homosexual. The Constitution of Brazil prohibits any form of discrimination in the country. The Brazilian Armed Forces do not permit desertion , sexual acts or congeners in the military, whether heterosexual or homosexual.

They claim that it is not a homophobic rule, but a rule of discipline that also includes the opposite sex. In , during a disappearance of a military gay couple, the Ministry of Defence of Brazil spoke: the sergeant is to be questioned about alleged desertion from the military and there is no question of discrimination.

Following the Supreme Federal Tribunal decision in favor of civil unions , Defense Minister Nelson Jobim guaranteed the Ministry's compliance with the decision and mentioned that spousal benefits can be accorded to same-sex spouses of military personnel. Conversion therapy has been forbidden by the Federal Psychology Council since Prior to , under Ministry of Health guidelines, gay and bisexual men were only allowed to donate blood after 12 months without same-sex sexual activity.

Consequently, Brazil became one of the first Latin American countries to permit gay and bisexual men to donate blood under terms equal to heterosexual men. For the s generation, homosexuality was usually revealed after they were 21 years old. Prejudice had also decreased according to data from a survey of Ibope. The lesbian population was of 4. The male population of the city of Rio de Janeiro was And the female population of the city of Manaus had A week later, the National Immigration Council instituted the Administrative Resolution Number 3, , which "disposes of the criteria for the concession of temporary or permanent visa, or of definitive permanence to the male or female partner, without distinction of sex.

The judge said she believed that "homosexual union creates the same rights as a union between man and woman. Brazil was the first country in Latin America to recognize same-sex unions for immigration benefits. Following Brazil's example, other countries in South America have made major advances in the recognition of same-sex relationships, including immigration rights, for example, Colombia in However, the Brazilian Government was slow in cabling its consulates regarding this decision.

Thus, many same-sex couples who sought to move to Brazil to take advantage of this new policy were left confused by the lack of clarity by the Government and unable to receive the benefits this policy was intended to provide. In February , in a joint meeting at the Brazilian consulate in New York , Immigration Equality and the Brazilian Rainbow Group asked the consular officials to clarify the application procedures regarding the new immigration policy.

We are thrilled to report that clear procedures are now available to binational same-sex couples who seek to immigrate to Brazil, says Eryck Duran, Executive Director of the Brazilian Rainbow Group, and he adds: We are proud that Brazilis committed to end discrimination of gays and lesbians as the government has recognized that extending immigration to same-sex partners or spouses of Brazilian citizens is licit and sanctioned by the Constitution. Historically, migration by homosexuals from other parts of the country to larger cities has been a common phenomenon, even discounting economic factors in the towns and cities of origin.

Factors driving this migration include the perception of increased liberty and independence in large cities as well as many options of entertainment for this demographic. In mid, Brazil launched Brazil Against Homophobia , an anti-homophobia campaign including television advertisement and billboards. According to a BBC article, activists estimate that between and some 2, gay people were murdered in Brazil, the majority thought to have been killed because of their sexuality.

Brazil has been rated as one of the countries where the most gay people are killed. According to the report "Epidemic of Hate", published in by the International Gay and Lesbian Human Rights Commission , at least 1, gays, lesbians and transsexuals were killed in Brazil alone in a decade. According to the Grupo Gay da Bahia GGB , Brazil's largest and most active gay organization, a gay, lesbian or transvestite is brutally murdered every two days due to homophobia , with a total of in one year alone.

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