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Homophobia Is a Crime in Brazil: How to Report It

A practical guide to anti-LGBT discrimination, evidence, police reports and your rights

Homophobia has been a crime in Brazil since the STF ruling that placed anti-LGBT discrimination on the same legal footing as racism. This guide explains what the law says, how to gather evidence, where to report it (Disque 100, police station, Ministério Público) and what your rights are in cases of homophobia, transphobia and discrimination at work, at school and online.

13 pages · 6 chapters · full reading access

1. Homofobia é crime: o que diz a lei

In 2019 the Supremo Tribunal Federal ruled that anti-LGBT discrimination — homophobia, lesbophobia, biphobia and transphobia — is legally equivalent to the crime of racism, established under Law 7.716/1989. This applies throughout the country.

In practice: insulting, humiliating, preventing access to a service, denying employment or assaulting someone because of their sexual orientation or gender identity is a crime, with no right to bail and no statute of limitations. It is not a private dispute or a misunderstanding.

2. Reconhecer a violência e reunir provas

Not all violence leaves a mark on the body. Verbal abuse, repeated jokes, exposing someone in a messaging group, refusal of service and dismissal after someone comes out are all forms of the same crime.

Save everything: screenshots with dates and times, audio recordings, videos, witnesses' names, service reference numbers. Evidence is what turns your account into a case.

3. Como denunciar, passo a passo

1. Disque 100 — national human rights hotline, free, 24h, accepts anonymous reports. 2. Police report — at any police station or through your state's online police reporting service. Ask for anti-LGBT discrimination to be included in the report. 3. Specialized police station — cities such as São Paulo and Rio have a police station for racial crimes and offenses involving intolerance. 4. Ministério Público and Defensoria Pública — for cases in schools, companies and public services, and for free legal support.

If the police refuse to file the report, this can also be reported to internal affairs and the Ministério Público.

4. Homofobia no trabalho e na escola

At work, discrimination can lead to constructive dismissal, compensation for non-material harm and a report to the Ministério Público do Trabalho. Document each incident in writing and formally notify HR.

At school, the administration has a duty to act. Request a formal meeting, officially submit a written account and demand a response by a set deadline. If there is no response, contact the Conselho Tutelar, the Secretaria de Educação or the Ministério Público.

5. Homofobia na internet

Abuse on social media and in messaging groups is also a crime. Take a screenshot with the URL visible and, whenever possible, have a notarial record drawn up at a notary office.

Report it on the platform and file a police report. The perpetrator's anonymity does not prevent an investigation: the judiciary can request the profile data.

6. Onde buscar apoio

Your state's Defensoria Pública (free), university human rights centers, LGBTI+ citizenship centers and local organizations offer legal and psychological guidance.

In an emotional crisis, CVV is available at 188, 24h, free of charge. Reporting is an act of care — for yourself and for those who come after you.