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Is gay marriage legal in brazil

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However, it’s crucial to remember that bad actors exist in every country, and exercising caution is vital.

As Brazil continues to evolve its stance on LGBT rights, both locals and tourists will benefit from increased acceptance and safety. The Brazilian spouse must be present at that time as they will act as the declarant, who will sign the terms on the record book.

To do that, the couple needs to present the following:

  • the marriage registration form, filled and signed by the declarant;
  • the foreign marriage certificate;
  • the prenuptial agreement, if it exists;
  • their original and valid passports, or another identity document;
  • if the spouse is not Brazilian, a declaration of marital status;
  • in case the spouse has been married before, a death certificate, if they are widowed, or proof of divorce, if they are divorced.

Subsequently, the Consular office will issue a Brazilian marriage certificate with all the information present in the original marriage certificate.

After they arrive in Brazil, the spouses must have their marriage transcribed in the 1st Civil Registry Office from the jurisdiction of their domicile, or in the 1st Civil Registry Office from the Federal District if they do not live in the country, within 180 days of their arrival.

After they fulfill the requirements and the transcription is complete, the marriage will be considered registered, and the couple will receive the final document at the same time and will not have to wait longer for it.

If the spouses arrived in Brazil without having their marriage registered in the Consular office abroad, they can have it registered directly in the 1st Civil Registry Office, as long as their foreign marriage certificate has an apostille stamp (if the country of origin is a signatory to the Hague Convention), or has been legalized, and also translated to Portuguese by a sworn translator in Brazil.

It’s important to remember that the previous situation also applies when both spouses are not Brazilian citizens, as they would not be assisted by the Brazilian Consular Office abroad with reference to their marriage registration.

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They were the first Brazilian state to offer civil unions.

Censorship of LGBT issues in Brazil

?

Censorship of LGBT issues in Brazil is varies by region.

Current status
Law nº 15.263, which instituted the "Simplifed Language National Policy", prohibits all instances of government from using neutral-gender terms on official documents in the following terms:

"Article 5º - The public administration shall obey simple language techniques in texts destinated to citizens, such as:

[...]

XI - not using, on portuguese language words, new gender and number declination forms which are contrary to the grammar norms, the Orthographic Vocabulary of the Portuguese Language (Volp) and the Orthographic Agreement of the Portuguese Language, enacted by the Decree nº 6,583, of September 29th, 2008."

The law was sanctioned by president Luís Inácio Lula da Silva and taken into effect by November 14th, 2025.

Other Brazilian states and municipalities may apply specific restrictions, although some of them were declared unconstitutional by the Supreme Federal Court.

No censorship

  1. Pernambuco2025
  2. Santa Catarina2025
  3. Rio Grande do Sul2025
  4. Amazonas2024
  5. Rondônia2023
  6. Alagoas2020
  7. Tocantins2020
  8. Goiás2020
  9. Acre1988
  10. Amapá1988
  11. Bahia1988
  12. Pará1988
  13. Piauí1988
  14. Roraima1988
  15. Sergipe1988
  16. Distrito Federal1988

Ambiguous

  1. Maranhão2023
  2. Paraná2023
  3. Mato Grosso do Sul2021
  4. Minas Gerais2021
  5. Ceará2020
  6. São Paulo2020
  7. Mato Grosso2018
  8. Rio Grande do Norte2017
  9. Paraíba2017
  10. Rio de Janeiro2016
  11. Espírito Santo2015
Some Brazilian states have censored LGBTQIA+ topics; some state lawmakers have made bills banning “indoctrination” or “gender ideology” in schools.

The situation can change quickly, and it’s essential for travelers to be aware of current attitudes and laws impacting LGBTQ+ individuals in Brazil.

Local LGBTQ+ advocacy groups, such as Grupo Gay da Bahia and Aliança Nacional LGBTI, are excellent resources for tourists and citizens alike, providing information on the evolving legal landscape and support for those in need.

Keep in mind that while Brazil has taken significant steps towards LGBTQ+ rights and protections, it’s always important to exercise caution, stay informed, and connect with local organizations to ensure a safe and enjoyable experience.

History Of LGBT Rights In Brazil

Back in the 1970s, Brazil experienced a turning point in its LGBT rights movement when the first LGBT activist group, SOMOS: Grupo de Affirmação Homossexual, was founded in São Paulo.

By connecting with these organizations, visitors can stay informed about the latest developments and find support during their travels.

Remember, it’s absolutely essential to be aware of the local situation and to stay up-to-date on the latest information. In March 2018, the Supreme Federal Court ruled that individuals can change their legal name and gender marker on official documents without requiring surgery, hormonal treatment, or psychiatric evaluation.

is gay marriage legal in brazil

This allows for self-declaration of one’s identity to be the basis for legal recognition.

More recently, in May 2025, Brazil’s Supreme Court of Justice granted a non-binary person the right to receive official documents with a gender-neutral marker, setting a precedent for broader gender-diverse recognition.

Since the beginning of the 2000s, several countries around the world began to allow marriage between people of the same gender, as a way to guarantee equal rights that did not exist for this group of people.

From 2011 onwards, this has also been happening in Brazil in a peculiar form, as we will see further.

In this article, we will address the issue of marriage between people of the same gender and other important aspects to better comprehend this subject, from a legal perspective of the Brazilian reality.

Author: Lucas Gomes Furtado

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Since when are same-sex marriages allowed in Brazil?

As of now, there is no specific law that regulates same-sex marriage in Brazil.

However, in the year of 2011, in an unprecedented decision, the Supreme Federal Court (STF) recognized a domestic partnership between people of the same gender in the same conditions as a domestic partnership between heterosexual people.

Afterward, in 2013, the National Council of Justice (CNJ) approved a resolution that allowed civil marriage between people of the same gender to be registered in the registry offices around the country, preventing this right be denied.

This means that, since then, all registry offices cannot deny registering same-sex marriages in the country and must follow the same procedures regarding a heterosexual marriage.

Thus, it’s essential to mention that same-sex civil marriage is allowed in Brazil, according to the decision of the Supreme Federal Court and the resolution n.

The nation has progressively advanced in recognizing LGBTQ+ rights, establishing itself as a country with significant legal protections for its LGBTQ+ citizens.

Legality of Homosexuality

Being gay is legal in Brazil, as same-sex sexual activity has never been criminalized in the country’s modern legal history.

Embracing excitement for this progress while remaining cautious and informed is key to navigating Brazil’s changing landscape of LGBT rights.

Protect Yourself While Travelling In Gay Brazil

LGBT rights in Brazil rank among the highest in the world, with same-sex couples enjoying equal rights as heterosexual ones, including marriage and adoption.

By staying informed and connected with the local LGBTQ+ community, you can better understand the situation on the ground and navigate your experience in Brazil safely and with confidence.

Is It Legal to Be Gay in Brazil? It’s crucial to seek current advice before traveling and always remain aware of your surroundings, as bad actors exist in every country.

In some areas, there is a rise in conservatism driving discriminatory legislation, and the current president has publicly criticized “gender ideology” and Queer persons.

The ruling gave same-sex couples broad rights in areas like inheritance, child custody, insurance benefits and pensions. Stay excited and hopeful, but also practical and cautious in navigating life and traveling in Brazil for trans individuals and their allies.

The Future For The Queer Community In Brazil

Brazil has made significant progress in accepting LGBT rights, with a 79% acceptance rate in 2022 compared to 64% in 2014.

Remember, situations can change fast, and information may go out of date, so seeking current advice before traveling is crucial.

To protect yourself and fellow travelers, here are some steps to follow:

Finally, while Brazil’s social landscape is evolving rapidly, it’s essential to stay cautious and informed.

Make sure to stay updated on the latest news and developments related to LGBT rights in the country, as situations can change rapidly.

Cecilia Miller( LGBTQ+ Rights Advocate And Activist )

Cecilia Miller is a lesbian love warrior and educator fighting for queer justice and ensuring every shade of the rainbow shines bright & bold!

Brazil has long been known for its vibrant culture, including its thriving and diverse LGBTQ+ community.

The future holds potential for positive change, but addressing the ongoing violence against the LGBT community should be a top priority. However, not all laws, both before and after the ruling, have been struck down leaving a sense of ambiguity in the legality of the laws remaining.

Laws enforcing any kind of censorship in Brazil are explicitly against the Brazilian Constitution of 1988, that severely punishes it.

The couple will also be allowed to choose a matrimonial regime to manage the partnership if they wish.

If the partnership was never formalized in a registry office, it can be proved through other kinds of documents belonging to the couple, such as proof of a joint account, proof of dependency, and the birth certificates of their children, among others.

What rights may result from same-sex marriage in Brazil?

Marriage between two people brings on itself a series of rights and obligations to which both spouses are linked, and this is not different regarding same-sex marriage in Brazil.

For example, among the more common rights which may result from marriage is the possibility of performing some joint actions, such as having a joint account and filling the income tax declaration, among others.

Furthermore, a spouse can also claim themselves as a dependent of the other one in certain situations, such as for income tax and health insurance, for instance.

Another relevant rights are inheritance rights, which one of the spouses has when the other one dies.

The National Health Conference helps formulate guidelines and proposals that will guide public health policies in the near future. While 71% of Brazilians view their local area as a “good place” for gay and lesbian people, this percentage implies that there might still be a certain level of discomfort or discrimination experienced by some.

Safety and Precautions: For LGBT travelers, it’s important to stay vigilant and exercise caution, as with any destination.

Some steps to protect oneself could be researching safe locations and accommodations and staying connected with local advocacy groups for updates on the situation.

In Brazil, several LGBT advocacy groups are working to improve the community’s rights and safety. It’s always best to err on the side of caution and be prepared for any changes in the socio-political environment.

To protect yourself in Brazil, consider taking the following steps:

  • Seek current advice from official sources and reliable platforms before traveling or attending LGBTQ+ events.
  • Exercise discretion when displaying affection or discussing your orientation and gender identity in public, particularly in conservative areas.
  • Stay informed and connected with local LGBT advocacy groups, such as Grupo Gay da Bahia or Associação Brasileira de Gays, Lésbicas, Bissexuais, Travestis, Transexuais e Intersexos (ABGLT).
  • Always be aware of your surroundings and take necessary precautions, including avoiding risky situations or neighborhoods known for LGBTQ+ violence.

Remember that there are always bad actors in every country, so it’s crucial to remain vigilant and prioritize your safety.