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Same-sex couples can marry in Brazil. The Supreme Court (STF) recognized same-sex stable unions on May 5, 2011. CNJ Resolution 175 of May 14, 2013 stopped notary offices refusing same-sex marriages. Since June 13, 2019, homophobia and transphobia fall under the racism law. Violence against LGBT+ people is still reported.
Brazil holds both sides of that picture at once. São Paulo hosts one of the largest Pride parades in the world, and Rio, Florianópolis and Salvador have long-established LGBTQ+ scenes. Outside the big cities, attitudes can be more conservative. This page covers the law, attitudes and reported violence, and practical notes for moving around. For general street safety, read is Brazil safe.
The law in three rulings
Three decisions set the rules. Brazil’s protections come mainly from the courts rather than from laws passed by Congress.
| Date | Body | Decision | What it changed |
|---|---|---|---|
| May 5, 2011 | STF | ADI 4277 and ADPF 132 | Recognized stable unions between same-sex couples as family entities, with binding effect |
| May 14, 2013 | CNJ (National Council of Justice) | Resolution 175 | Notary offices may not refuse same-sex marriages or the conversion of a stable union into marriage |
| June 13, 2019 | STF | ADO 26 and MI 4733 | Homophobia and transphobia fall under the racism law (Lei 7.716/1989) until Congress legislates |
2011: same-sex unions
The STF finished judging ADI 4277 and ADPF 132 on May 5, 2011. The ministers followed the rapporteur, Ayres Britto, and ruled with binding effect. They excluded any reading of article 1.723 of the Civil Code that would stop a same-sex union counting as a family.
2013: marriage at the notary office
CNJ Resolution 175 of May 14, 2013 stopped notary offices (cartórios) across Brazil from refusing same-sex marriages or the conversion of same-sex stable unions into marriages. Article 1 bars the competent authorities from refusing the marriage application, the ceremony or the conversion. Under article 2, a refusal must be reported at once to the supervising judge (juiz corregedor).
IBGE, Brazil’s statistics agency, counted 11,198 same-sex marriages in 2023, out of 940,799 civil marriages. That is the highest number since its series began in 2013. Women made up 62.7% of same-sex marriages.
2019: homophobia under the racism law
On June 13, 2019, the STF found that Congress had failed to criminalize homophobia and transphobia. Eight justices voted to apply the racism law to that conduct until Congress passes a specific law.
The ruling also says:
- In an intentional homicide, a homophobic or transphobic motive counts as a base motive (motivo torpe), a qualifying circumstance that raises the penalty range.
- The criminal rule does not restrict religious freedom, as long as statements do not become hate speech.
- Racism is not limited to physical traits. It includes denying the dignity of vulnerable groups.
In August 2023 the STF extended the 2019 ruling. Judging an appeal (embargos de declaração) in MI 4733, it held that offensive acts against LGBTQIAPN+ people can be classified as injúria racial, the crime of racial insult. The virtual session ended on August 21, 2023, with Justice Edson Fachin as rapporteur.
Legal position and reported violence
- There are no legal restrictions on same-sex marriage or consensual same-sex relations.
- Public attitudes toward same-sex relationships are mixed but becoming more accepting.
- Despite laws against discrimination based on sexual orientation, violence against gay and lesbian people remains a significant concern.
- Same-sex marriage is legal and LGBT+ couples have equal rights in law.
- There are reports of discrimination, violence and harassment against the LGBT+ community.
City and country: what to expect
Attitudes differ a lot between big cities and small towns. São Paulo is the most open city in the country. The area around Rua Frei Caneca and Rua Augusta, near Avenida Paulista, has many LGBTQ+ bars and clubs. In Rio, Ipanema’s beach near Rua Farme de Amoedo is a long-standing gathering point, marked by rainbow flags. Florianópolis in Santa Catarina has a relaxed beach scene and its own Pride events.
Small towns in the interior, and evangelical communities across the country, can be more conservative. Couples may draw stares or comments there. Many LGBTQ+ travelers adjust public displays of affection outside the big-city scenes, as locals often do.
Practical notes
Research each stop. Attitudes can differ between cities and rural areas, so check each destination. Some hotels, especially in rural areas, may refuse bookings from same-sex couples. Confirm a double bed in writing before you arrive off-route, and keep the message on your phone.
Use dating apps with care. Criminals may use dating apps to target victims for robbery or assault. Do a video call before you agree to meet. Dating apps have also been used to target foreigners for drink spiking and theft. Meet in a busy public place, tell a friend where you are going, and buy and keep hold of your own drinks. Read common scams in Brazil for the full list of setups.
Know your consular help. British embassies and consulates will not make assumptions or judge you, and will raise concerns with local authorities. US citizens can contact the US Embassy in Brasília or the consulates in São Paulo, Rio de Janeiro and Recife.
Check your insurance. Standard policies often do not cover treatment you planned abroad, including medication or procedures. See travel insurance for Brazil.
Trans and nonbinary travelers. The STF ruled in ADI 4275 on March 1, 2018. Trans people can change name and gender in the civil registry without surgery, and no court authorization is needed. That covers Brazilian documents; it does not change how a foreign passport is read at the border.
Check before you go: if your passport carries an X gender marker, or your appearance differs from your passport photo, ask the Brazilian consulate that serves your area how entry works before you fly. Carry a printed copy of your onward ticket and accommodation booking to keep the entry interview short.
Pride events. The 31st São Paulo LGBT+ Pride Parade is set for Avenida Paulista on May 30, 2027, from 10:00. The 2026 edition was on June 7, so the date moves each year. Hotels near Paulista fill up early for Pride weekend. Many other cities, including Rio, hold their own Pride events later in the year.
Reporting discrimination or violence
Call 190 for the police in an emergency. For discrimination that is not an emergency, Disque 100 is the federal human rights reporting line.
| What happened | Who to contact | How |
|---|---|---|
| Emergency or crime | Police | Call 190 |
| Human rights violation, including discrimination | Disque 100 (federal human rights line) | Call 100 from any phone, 24 hours a day, or WhatsApp (61) 99611-0100 |
| British national in trouble | British embassy or consulate | Contact the nearest one |
Disque 100 is run by the Ministério dos Direitos Humanos. It also offers a webchat at gov.br/webchat and service in Libras (Brazilian Sign Language). Service is in Portuguese, so have a translation app ready or ask a Portuguese-speaking friend to help.
If you plan to stay with a Brazilian partner, read residency through a Brazilian spouse, partner or child. Lei 13.445/2017, article 37, grants family reunion residence to a spouse or partner (cônjuge ou companheiro) “sem discriminação alguma,” without any discrimination.
Questions
- Is same-sex marriage legal in Brazil?
- Yes. Same-sex marriage is legal and LGBT+ couples have equal rights in law. The basis is a 2011 Supreme Court ruling on same-sex unions and CNJ Resolution 175 of May 14, 2013, which stopped notary offices refusing same-sex marriages.
- Is homophobia a crime in Brazil?
- Yes. On June 13, 2019, the Supreme Court ruled that homophobia and transphobia fall under the racism law, Lei 7.716/1989, until Congress passes a specific law.
- Is Brazil safe for LGBTQ+ travelers?
- Big cities such as São Paulo and Rio have large, visible LGBTQ+ scenes, and public attitudes are becoming more accepting. Violence and harassment against LGBT+ people remain a real concern, so research each stop and take more care in rural areas.
- Are dating apps safe in Brazil?
- Use them with care. Criminals use dating apps to target people for robbery, assault or drink spiking, so do a video call before you meet, meet in a busy public place, and buy and keep hold of your own drinks.
- Where can I report discrimination in Brazil?
- Call 190 for the police in an emergency. Disque 100, the federal human rights reporting line, answers calls 24 hours a day, seven days a week, and also takes WhatsApp messages on (61) 99611-0100.
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