Homosexuality in Brazil

In Brazil, the issue of homosexuality is characterized by - in international comparison - early liberal legislation on equality for gays and lesbians, which is offset by a relatively low social acceptance and a high rate of violent attacks.

legality

Homosexual acts have not been prosecuted in Brazil since 1823.

Anti-discrimination laws

The 1989 constitution of the states of Mato Grosso and Sergipe prohibits discrimination based on sexual orientation. Since 2003, this has also applied in 73 municipal laws, including those in São Paulo and Rio de Janeiro , and in three state constitutions. In Rio, this was supplemented by a law in May 2000, according to which, for example, hotels, restaurants and bars are fined up to 7,000 dollars and can be closed for up to a month if they discriminate against homosexual guests. In May 2019, the Supreme Court ruled that discrimination against homosexuals and transsexuals could be punished with a prison sentence of one to five years.

Recognition of same-sex couples

Recognition of same-sex couples in South America

Same-sex civil partnerships have already been legally recognized in the state of Rio Grande do Sul and in Goiânia , the capital of the state of Goiás .

In 2010, the Supreme Court upheld the adoption of two children by a lesbian couple, which has often been taken as a precedent. In December 2010, the Brazilian government decided that same-sex couples should receive equal survivor benefits across the country . Since January 2011, individuals and same-sex couples in Brazil will have access to artificial insemination , as is permitted in neighboring Argentina and Uruguay. In addition to the access of same-sex couples to sperm banks, which has been permitted since January 2011, the path of joint adoption is also open nationwide in Brazil. Various court rulings in recent years have made this possible. In spring 2011, 171 members of parliament and senators, led by the socialist Jean Wyllys , the country's first openly gay parliamentarian, launched an initiative to open up marriage in parliament. In May 2011, the Brazilian Supreme Court ruled that same-sex couples have the same rights as married heterosexual couples. At the end of June 2011, the first same-sex marriage in São Paulo was recognized by the state. In October 2011, the Brasilia Supreme Court ruled to grant a same-sex marriage to a lesbian couple. In December 2012, the state of Sao Paulo opened marriage to same-sex couples; Previously, the states of Alagoas (December 7, 2011), Sergipe (July 15, 2012), Espírito Santo (August 15, 2012) and Bahia (November 26, 2012) opened the marriage in April 2013 as further states with opening of marriage for same-sex couples the states of Mato Grosso do Sul , Ceará and Paraná . As another state, Rio de Janeiro opened marriage to same-sex couples in mid-April 2013 .

On May 14, 2013, the National Council of Justice (CNJ) voted with a majority of 14 to 1 for the nationwide opening of marriage to same-sex couples.

Social situation

Parada do Orgulho GLBT de São Paulo 2012

The Parada do orgulho GLBT in São Paulo took place for the first time on June 28, 1997 with 2000 participants and is now the world's largest demonstration of its kind with over two million people in 2006.

While the legal situation in Brazil with regard to equal treatment has always been considered particularly progressive in international comparison, social tolerance is assessed as very low, which is particularly evident in the high number of violent attacks.

The Grupo Gay da Bahia was the first human rights organization for homosexuals in Brazil. It was founded in 1983 as a non-profit organization and was promoted to a public service organization in Salvador da Bahia in 1983.

Even today, discrimination on the basis of sexual identity is still common within society. According to an Amnesty International report, 126 homosexuals were murdered in 2002. This puts Brazil at the forefront of violence against homosexuals worldwide.

The Acorda Coracao group in the Nova Iguaco district of Rio de Janeiro, which shot its victims, is said to have been responsible for part of the 169 murders in 1999 .

Since the numbers of the murders were taken from a statistic of the Grupo Gay da Bahia , which in turn is only based on the collection of various press reports, a much higher rate of violence is assumed.

In the summer of 2006, the Brazil Against Homophobia campaign was initiated, which raised awareness of the problem of homophobia both through billboards and TV spots .