Brazil

The Brazilian Federal Supreme Court (Supremo Tribunal Federal or “STF”) reviewed the constitutionality of the 1998 Amendment 20 of the Federal Social Security Law. The amendment imposed a maximum value on the amount of social security benefits that could be paid to a beneficiary under the general social security system at R$1,200 per month. On its face, the R$1,200 maximum applied equally to a number of eligible benefit categories, including maternity or pregnancy-related leave.

Brazil’s Supreme Court decided by a majority that transgender individuals could change their legal name and gender originally included in their civil registry, without the presentation of psychological or medical evaluation, hormonal treatment, transition surgery, or any other medical procedure. The majority understood that no judicial authorization is necessary for the amendment, stating only a self-written report of the trans person is sufficient to change his/her legal name.

Direct Action of Unconstitutionality No. 5543 – Federal Supreme Court (2020)

Direct Action of Unconstitutionality by Omission No. 26 and Writ of Injunction No. 4733 – Federal Supreme Court (2019)

The Federal Supreme Court (STF), unanimously, declared the so-called “honor defense” unconstitutional, holding that it violates the principles of human dignity, the protection of life, and gender equality. The ruling was issued in the context of a Claim of Breach of Fundamental Precept (ADPF) 779, filed by the Democratic Labor Party (PDT), following a preliminary injunction granted by Justice Dias Toffoli in February 2021.

In 2004, the Brazilian Federal Supreme Court (Supremo Tribunal Federal or “STF”) considered a claim brought by the National Trade Union of Health Workers and ANIS (Institute of Bioethics, Human Rights, and Gender) to determine whether terminating a pregnancy in which the fetus suffers from anencephaly (absence of major portion of the brain, skull, and scalp) violates the prohibition on abortion as set forth in Brazil’s Penal Code.

Following a request to Brazil’s Federal Supreme Court (Supremo Tribunal Federal or “STF”) by then-President Luiz Inácio Lula da Silva, the STF reviewed and upheld the constitutionality of the Lei Maria da Penha (“LMP”). The LMP is Brazil’s first law to address the problem of domestic violence against women on a national scale.

 The Brazilian Constitution provides for equal rights to all individuals, regardless of sex, gender and/or sexual preference. However, specific discriminatory conducts are dealt with in the Criminal Code (Federal Decree No. 2.848/1940) and other Federal Laws. English translation available here. 

Under the Brazilian Criminal Code, it is illegal to terminate a pregnancy, as well as to kill a child during childbirth, or shortly thereafter. Under Article 124, it is a crime for someone to cause an abortion on themselves or to allow others to cause it, either of which carries a sentence of 1-3 years of imprisonment. Article 125 prohibits anyone from practicing an abortion on a pregnant woman without her consent and imposes a sentence of 3-10 years of imprisonment. Article 126 imposes a 1-4-year prison sentence to anyone who practice an abortion with pregnant woman’s consent.

In 2004, the Brazilian Federal Supreme Court (Supremo Tribunal Federal or “STF”) considered a claim brought by the National Trade Union of Health Workers and ANIS (Institute of Bioethics, Human Rights, and Gender) to determine whether terminating a pregnancy in which the fetus suffers from anencephaly (absence of major portion of the brain, skull, and scalp) violates the prohibition on abortion as set forth in Brazil’s Penal Code.