Luiz Inácio Lula da Silva of the Workers' Party was elected president in the general elections of October 2022. He succeeded Jair Bolsonaro, a far-right politician known for his homophobic rhetoric. Upon taking office, Lula introduced several initiatives to promote LGBTQIA+ rights. However, the social and political climate remained highly polarised, with a sharp increase in legislative proposals aimed at restricting transgender rights. Bolsonaro's party played a leading role in this, often collaborating with the evangelical faction in parliament. This group has gained considerable political influence, partly due to the significant growth of evangelical churches in recent decades.
Brazil has one of the most comprehensive legal frameworks in the world for protecting LGBTIQ+ rights. According to the 2024 LGBTIQ+ Equality Index, the country scored 77 out of 100 overall, with 97 out of 100 for its legislative framework. However, these rights were not established by parliament, but exclusively through rulings by the Supreme Court. Thanks to these rulings, same-sex marriage has been recognised, transgender people can legally change their name and gender designation, and acts of homophobia and transphobia have been criminalised. The ban on blood donation by men who have sex with men has also been lifted. Nevertheless, as of 2025, these rights have not yet been incorporated into national legislation. Due to the composition of the Federal National Congress and the growing influence of conservative and evangelical politicians, Congress has failed to introduce legislation on LGBTIQ+ issues despite the numerous bills launched by both supporters and opponents in recent years. The situation is different at the local and state levels, where both protective and restrictive laws have been passed. Research shows that a total of 77 laws specifically restricting trans rights are in force in at least 18 federal states: 72 at the municipal level and 5 at the state level.
In principle, the Brazilian state takes action against violence targeting the LGBTIQ+ community. Judicial authorities regularly impose penalties on individuals who commit hate crimes or acts of physical violence. However, police investigations are often slow and opaque. Police violence remains a serious problem, particularly against poor, black people. There is a high level of distrust of the police.
While Brazil is a leader in terms of its progressive legal framework, it also has the highest violence statistics in the world. For seventeen years, Brazil has recorded the highest murder rate of transgender people, particularly transgender women, worldwide. According to non-governmental organisations, transgender people are nineteen times more likely to be murdered than homosexuals. The vast majority of these victims are black. The neighbourhood in which a person lives also plays an important role, with violence occurring more frequently in poor areas or slums.
While the visibility of transgender people in politics has increased noticeably in recent years, so too has the number of threats against them. In the 2022 elections, two transgender women were elected to the National Congress for the first time. In the local elections in October 2024, 26 transgender individuals were elected as municipal councillors across the country.
Policy
The policy implemented by the Commissioner General is based on a thorough analysis of accurate and up-to-date information on the general situation in the country of origin. This information is collated in a professional manner from various, objective sources, including the EUAA, the UNHCR, relevant international human rights organisations, non-governmental organisations, professional literature and coverage in the media. When determining policy, the Commissioner General does not only examine the COI Focuses written by Cedoca and published on this website, as these deal with just one aspect of the general situation in the country of origin. The fact that a COI Focus could be out-of-date does not mean that the policy that is being implemented by the Commissioner General is no longer up-to-date.
When assessing an application for asylum, the Commissioner General not only considers the actual situation in the country of origin at the moment of decision-making, he also takes into account the individual situation and personal circumstances of the applicant for international protection. Every asylum application is examined individually. An applicant must comprehensively demonstrate that he has a well-founded fear of persecution or that there is a clear personal risk of serious harm. He cannot, therefore, simply refer back to the general conditions in his country, but must also present concrete, credible and personal facts.
There is no policy paper for this country available on the website.