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.

The Court ruled that the 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.

[58] De facto unions may be registered at a civil law notary throughout the country (there are specific ordinances about it in Rio Grande do Sul, Roraima and Piauí, but the right is federal and registration is possible in others places too).

[60] A bill was proposed in National Congress of Brazil in 1995 to change federal law and allow the recognition of same-sex unions, but it faced strong opposition and was not voted on.

[61] In 2010, in a landmark trial, the 4th Class of the Superior Court of Justice of Brazil (STJ) acknowledged, unanimously, that same-sex couples have the right to adopt children.

For attorney Adriana Galvão, counsellor of the "Ordem dos Advogados do Brasil" (Bar Association of Brazil), and part of the study group of the institution about sexual diversity, the opinion demonstrates a legal and also social advancement.

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.

[64] In March 2024, Brazil's Supreme Court ruled to extend paid paternity leaves, which are five days long, to the non-pregnant mothers from lesbian couples.

Shortly after electing Luiz Inácio Lula da Silva as Brazil's president, various states took serious measures ensuring that no one would be discriminated against because of their sexual orientation.

[a]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.

[b]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.

[c]On November 30, 2000, the City Council of Niterói, in the state of Rio de Janeiro, passed an ordinance prohibiting discrimination based on sexual orientation in public places and institutions as well as in businesses.

[125] In the south and southeastern regions and in the major capitals, such as São Paulo and Rio de Janeiro, it is common to find travestis as young as 16 or 17 working in the streets.

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.

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.

[147] Federation units with the proportion of Brazilians self-reported as homosexual or bisexual greater than the national average: A watershed decision issued on November 25, 2003, by Brazilian Judge Ana Carolina Morozowski of the 5th Civil Court of Curitiba, Paraná recognized the same-sex relationship of national gay activist Toni Reis with British citizen David Ian Harrad, granting Harrad permanent residency in Brazil.

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 2009.

[149] 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.

The cities of São Paulo, Rio de Janeiro, Salvador, Brasília, Belo Horizonte, Recife, Porto Alegre, Curitiba, and others, receive large influxes annually.

In the directors' view, the hate crimes come from different segments of society, and that the Catholic Church and radical evangelical groups are also responsible for the rising intolerance, when they actively fight against the civil rights of non-heterosexuals.

The numbers produced by the Grupo Gay da Bahia (GGB) have occasionally been contested on the grounds that they include all murders of LGBT people reported in the media – that is, not only those motivated by prejudice against homosexuals.

Reinaldo de Azevedo, columnist of the right-wing Veja magazine, Brazil's most-read weekly publication, called the GGB's methodology "unscientific" based on the above objection.

[156] A Brazilian gay blog that has investigated a few of the murders of gay people reported in the media – including some used by the GGB in its national statistic report – determined that the majority of murders from their chosen sample were committed by the partners of the victims or those who were otherwise sexually involved with them (e.g., male prostitutes), with some others being killed due to unpaid debts with gangs involved in drug trafficking.

[174] Moacyr Sélia, a transexual hairdresser, sought reelection as a Nova Venécia councilmember, in the north of the state of Espírito Santo, representing the Republican Party.

[180] The first National Conference for Lesbians, Gay Men, Bisexuals, Travestis and Transsexuals (LGBT) was launched in 2008 by Brazilian Government, in the federal capital of Brasília.

The Conference adopted the theme "Human rights and public policies: the way forward for guaranteeing the citizenship of Lesbians, Gay Men, Bisexuals, Travestis and Transsexuals."

In June 2018, the General Synod of Anglican Episcopal Church of Brazil voted to change its marriage canon to allow same-sex couples to get married.

[191] More activities have been added to the event, such as the Cycle of Debates, the LGBT Cultural Fair, the Citizenship Award in Respect of Diversity, and the successful Gay Day, that happens on the Saturday before the main parade.

[195][196][197] Annual pride parades and events are held in all states, Acre (Rio Branco), Alagoas (Maceió, Arapiraca), Amapá (Macapá), Amazonas (Manaus, Parintins, Manacapuru), Bahia (Salvador), Ceará (Fortaleza, Juazeiro do Norte), the Federal District, Espírito Santo (Vitória), Goiás (Goiânia, Aparecida de Goiânia, Anápolis), Maranhão (São Luís), Mato Grosso (Cuiabá), Mato Grosso do Sul (Campo Grande, Dourados), Minas Gerais (Belo Horizonte, Uberlândia, Contagem, Juiz de Fora, Betim), Pará (Belém, Ananindeua), Paraíba (João Pessoa), Paraná (Curitiba, Londrina, Maringá), Pernambuco (Recife, Olinda, Caruaru), Piauí (Teresina, Parnaíba), Rio de Janeiro (Rio de Janeiro, São Gonçalo, Duque de Caxias, Nova Iguaçu, Niterói), Rio Grande do Norte (Natal), Rio Grande do Sul (Porto Alegre, Caxias do Sul, Pelotas), Rondônia (Porto Velho), Roraima (Boa Vista), Santa Catarina (Florianópolis), São Paulo (São Paulo, Guarulhos, Campinas, São Bernardo do Campo, Santo André), Sergipe (Aracaju), and Tocantins (Palmas), among numerous other cities.

He made this decision as the result of rising death threats to him and his family and after his close friend, Marielle Franco, an openly gay congresswoman, was killed in March 2018.