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LGBTQ Rights in Brazil: Could the Elections Impact a Challenging Landscape?

Mariana Nozela Prado
LGBTQ Rights in Brazil: Could the Elections Impact a Challenging Landscape?

In remembrance of the 1969 Stonewall riots, June has become in the United States, welcoming celebration of LGBTQ+ identity and rights. On June 3, a week prior to Washington, DC鈥檚 Pride Parade, S茫o Paulo hosted its own celebration. Organized by the non-governmental organization APOLOGBT SP, the parade had strong political undertones, with the slogan The organization鈥檚 president, Claudia Regina, emphasized the importance of the upcoming elections for the LGBTQ+ community and its allies: through activism and political mobilization, specifically by voting in October, the LGBTQ+ community has the opportunity to fight for its rights. Participants similarly saw the event as a political opportunity. One such participant, Otavio Silva, wrote in an that he had returned to the parade for the first time in ten years not to party, but to push for political action.

The S茫o Paulo Pride Parade鈥檚 focus on political activism is notable given the challenging environment for the LGBTQ+ community in Brazil. In its on violence against LBGTQ+ individuals, the Grupo Gay da Bahia (GGB)鈥攖he oldest LBGTQ+ rights organization in Brazil鈥攆ound that there were 445 deaths[1] in the last year due to sexual or gender orientation: the largest number in thirty-eight years, and representing a 30 percent increase from 2016. Among the LGBTQ+ population, transgender people are at the most risk. Transgender Brazilians are at twelve times the risk of being killed compared to transgender Americans. Moreover, most perpetrators go unpunished. 聽LGBTQ+ discrimination is not legally identified as a hate crime鈥攗nlike racism鈥攁nd femicide laws do not include transgender women. As a result, even in cases where individuals are tried and found guilty, the sentences tend to be lighter than comparable cases involving other underprivileged and/or minority groups.

Although Brazil does not criminalize sexual minorities, the data in the GGB report shows that the country still falls short of several of United Nations (UN) for the treatment of LGBTQ+ people. The UN Born Free and Equal - Sexual Orientation and Gender Identity in International Human Rights Law recommends that states protect people from homophobic and transphobic violence; prohibit discrimination on the basis of sexual orientation and gender identity by enacting comprehensive laws; and safeguard freedom of expression for LGBTQ+ people鈥攁ll of which remain lacking for LGBTQ+ Brazilians. Yet there is a juxtaposition between not only the Brazilian reality and international standards, but also between Brazil鈥檚 domestic environment and its international stance. The Brazilian delegation has introduced several on human rights, sexual orientation, and gender identity and聽expression to the Organization of American States (OAS), and Brazil is one of the founding members of the . The country is at the forefront of championing LGBTQ+ rights in international forums, but according to , more LGBTQ+ were killed in Brazil in 2017 than anywhere else in the world.聽 聽

Violence against LGBTQ+ people in Brazil is not only connected to individual prejudices, but also to cultural and institutional homophobia, according to social scientist Eduardo Michels. To Michels, who oversees the on homophobia-related homicides, the lack of legal support represents an institutional constraint, while a heteronormative culture of machismo validates oppression. Nonetheless, GGB鈥檚 founder Luiz Mott believes that there are feasible solutions. Mott argues that through affirmative legislation that equates anti-LGBTQ+ discrimination as a hate-crime, LGBTQ+ focused public policy, and gender and sexual education, Brazil鈥檚 troubling statistics can change.

Despite his hopefulness, Mott鈥檚 suggestions will likely face resistance in the current political environment. Congress is the it has been since 1964, and currently has only one openly gay member.[2] A current champions an (party-free school), equating gender and sexuality education to an ideologia de g锚nero (gender ideology) imposed on children.[3] of gender and sexuality education argue instead that the moral education of children is the parent鈥檚 responsibility, and that talking about these issues in school fosters the hyper-sexualization of children and pedophilia.

In the National Congress, the conservative evangelical bloc has taken the lead in championing the end of sexual and gender education in school, but similar proposals have also gained traction at the in Brazil, with cases under debate in ten different states. Proponents also support the proposal, which legally defines a family as the union between a man, a woman, and their offspring 聽(which would also mean single-parent households do not qualify as 鈥渇amilies鈥); despite the existing LGBTQ+ rights to marriage and adoption. Moreover, a controversial 2017 resulted in the de facto legalization of conversion therapy.

In this context, where pending legislative proposals have the potential to limit their existing rights, LGBTQ+ participation in the upcoming elections is important to maintain the space they have already acquired. Furthermore, conscious voting can perhaps create space for desired change, such as the criminalization of anti-LGBTQ+ discrimination and greater recognition of transgender rights, such as use of social names and preferred pronouns without legal, bureaucratic, or medical challenges. However, at the presidential level, the current electoral prospects offer limited choices to members of the LGBTQ+ community and their allies. Among the pre-candidates 鈥擩air Bolsonaro (PSL), Marina Silva (REDE), Ciro Gomes (PDT), and Geraldo Alckimin (PSDB)鈥攑erspectives on LGBTQ+ rights range from ambivalent to downright hostile.

Geraldo Alckmin, Ciro Gomes, and Marina Silva鈥攖he three mainstream candidates鈥攈ave generally been supportive of the LBGTQ+ community in their statements, but their rhetorical support has rarely resulted in actions. Despite some measure of institutional support, Geraldo Alckmin has been generally quiet on the subject, and on the matter. Marina Silva the secular nature of the state, her commitment to human rights, and her opposition to all forms of discrimination. Yet, in her , she backed away from favoring LGBTQ+ marriage and the criminalization of homophobia, after criticism from her religious electoral base. Ciro Gomes has perhaps been the most vocal supporter, promising to in his written government platform and aligning himself with the activist group . However, he has also made ; in 2017, GGB鈥檚 founder claimed the candidate was an 鈥,鈥 after Gomes again used homophobic language to describe S茫o Paulo鈥檚 Mayor Jo茫o Doria.

If his opponents have been either quiet or contradictory in their support for LGBTQ+ rights, the current leader in the polls, Jair Bolsonaro, represents neither. The outsider candidate has openly opposed gender and sexuality education programs, and is vehemently against same-sex marriage. Bolsonaro criticized the 2013 judiciary decision that allowed LGBTQ+ marriage, referring to the 1988 Constitution鈥檚 of marriage and the LGBTQ+ community is not looking for equality, but for special privileges. His political career has been packed with contentious statements on the subject. In Viceland鈥檚 documentary , he argued homosexuality is a behavioral issue that has increased due to liberal measures such as drug use and women joining the workforce. He has claimed it is possible to 鈥,鈥 and was fined R$150,000 after he does not have a gay son because his children were well educated.

The presidential pre-candidates鈥 positions on LGBTQ+ rights suggest an uncertain immediate future for sexual minorities in Brazil. Most mainstream candidate鈥檚 positions are in line with the status quo, and may arguably represent advances. However, the popularity of Jair Bolsonaro indicates that there is still firm opposition to existing LGBTQ+ rights. His victory would be a significant political setback, with legislative implications for the LGBTQ+ movement. Nonetheless, the S茫o Paulo Pride Parade鈥檚 2018 theme and the community鈥檚 awareness of the importance of fighting for their rights鈥攚hich thus far has resulted in several progressive victories, such as the right to marry and to adopt children鈥攊llustrate that there is a popular effort to keep moving forward.




[1] 387 homicides and 58 suicides.

[2] Although reaching an accurate count of LGBTQ+ members of the population remains difficult, one estimate used by Brazil鈥檚 Superior Electoral Tribunal suggested that as much as of the population in Brazil is LGBTQ+.

[3] Advocates of the 鈥減arty-free schools鈥 legislative project criticize the use of classrooms as forums for teachers to impose their perspectives to children, including opinions on ideological, moral, religious, and political issues. Their largest critique focuses on sexual and gender education programs, which are referred to as 鈥済ender ideology.鈥 In this context, gender ideology represents the idea that teaching children about gender and sexuality equates to imposing LGBTQ values on them, which in turn would influence 聽their behavior.聽聽

About the Author

Mariana Nozela Prado

Mariana Nozela Prado

Staff Intern (Summer '18);
Department of Government, Georgetown University
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Brazil Institute

The Brazil Institute鈥攖he only country-specific policy institution focused on Brazil in Washington鈥攁ims to deepen understanding of Brazil鈥檚 complex landscape and strengthen relations between Brazilian and U.S. institutions across all sectors.聽 Our mission is to provide thoughtful leadership and innovative ideas to help democracies evolve and enhance their capacity to deliver results. We achieve this by producing independent research and programs that bridge the gap between scholarship and policy, while serving as a hub for policymakers, scholars, and private sector leaders.聽  Read more