LGBTQ rights in Santa Catarina
From Wikipedia, the free encyclopedia
Lesbian, gay, bisexual, transgender and queer (LGBTQ) people in the Brazilian state of Santa Catarina enjoy many of the same legal protections available to non-LGBTQ people. Same-sex marriage has been legally performed in the state since April 2013, before national legalization by the Supreme Federal Court. Despite this, according to research by Agência Diadorim, as of 2025, 19 anti-LGBTQ bills had been introduced in the state's Legislative Assembly, with 11 of them being authored by the Liberal Party (PL).[5] Santa Catarina is also considered one of the most conservative states in Brazil.[6][7]
LGBTQ rights in Santa Catarina | |
|---|---|
| |
| Legal status | Legal since 1830,[1] age of consent equalised |
| Gender identity | Gender change allowed,[2] official standard for altering legal sex doesn't require surgery since 2018 |
| Military | Allowed to serve openly[3] |
| Family rights | |
| Recognition of relationships | Same-sex marriage since 2013[4] |
Legality
Same-sex sexual activity has been legal in Brazil since 1830.[8]
In May 2011, the Supreme Federal Court (STF) recognized same-sex unions as family units throughout Brazil, ensuring the same rights and responsibilities as those of heterosexual couples.[9][4] On April 29, 2013, the General Inspectorate of Justice of Santa Catarina published a resolution allowing same-sex marriage statewide.[10]
Hate crimes and discrimination law
On April 4, 2003, the Legislative Assembly of Santa Catarina enacted State Law No. 12,534, which prohibits discrimination based on sexual orientation and gender identity in the state.[11] On October 8, 2015, the law was repealed by Complementary Law No. 656.[12]
On December 28, 2010, the state governor, Leonel Pavan, signed Complementary Law No. 527, prohibiting discrimination based on sexual orientation and gender identity.[13] In 2015, the state governor Raimundo Colombo filed a lawsuit against the law in the Supreme Federal Court, arguing that only the federal government can legislate on labor law.[14] On October 11, 2018, the Supreme Federal Court partially overturned the law.[15]
In 2019, discrimination based on sexual orientation and gender identity was banned through a decision by the Supreme Federal Court.[16]
Gender identity and expression
The Supreme Federal Court of Brazil (STF) ruled on 1 March 2018, that a transgender person has the right to change their official name and sex without the need of surgery or professional evaluation, just by self-declaration of their psychosocial identity.[17]
A 2026 report showed that there were 271 unconstitutional laws processed in the legislative houses of Santa Catarina against women's rights or LGBTQ rights since 2015. About 70% involve the trans and travesti community.[18] The data were gathered by the office of the councilor of Florianópolis Leonel Camasão (PSOL), it reported proposals from the Legislative Assembly of the State of Santa Catarina (Alesc) and municipal councils. 41% of the topics were ruled as unconstitutional by STF.[19]
In 2021, Idris Kawabe became the second non-binary person in Brazil and the first in the state to judicially change their documents to reflect a neutral gender.[20][21] Judicial actions are still required, without a state law recognizing it, with debates often pointing to the legislative vacuum.[22] Legal sex is still required in birth certificates.[23][24]
In December 2023, the Legislative Assembly of Santa Catarina approved a bill prohibiting transgender women from participating in women's sports.[25][26] Governor of Santa Catarina Jorginho Mello (PL) signed State Law No. 19,686/2026 into law in January 2026. All educational institutions (preschool, elementary, middle, high school, vocational, and higher education), whether public or private, are required to maintain strictly separate restrooms and changing rooms for males and females.[27]
The Army announced that the situation of non-binary individuals would be treated in the same manner as that of intersex individuals, so that any Brazilian in the draft cohort who expresses a gender identity other than male and holds a final, unappealable court ruling or a civil registry amendment will be considered exempt from mandatory military service, as they do not meet the requirements set forth in the Federal Constitution, the Military Service Law, its implementing regulations, and the 2024 General Conscription Plan.[28]
Education
During 2020 International Non-Binary People's Day, a coordinatory group at Federal University of Santa Catarina streamed a live named Non-Binariety: languages, gender technologies and (in)visibility among LGBTQIA+ movements.[29] This generated backlash with Legislative Assembly of Santa Catarina, which moved a repudiation and an applause in the same day.[30][31][32]
On June 15, 2021, Governor Carlos Moisés (PSL) signed a decree banning the use of gender-neutral language in state schools.[33][34] According to O Globo newspaper, the Attorney General of the Union and the Ministry of Education expressed their support for the decree.[35] In July of the same year, the Workers' Party (PT) filed a lawsuit in the Supreme Federal Court against the decree.[36][37] On May 6, 2025, the Supreme Federal Court overturned the decree.[38][39]
On April 1, 2026, Governor Jorginho Mello (PL) signed a law allowing parents to prohibit their children from participating in classes on LGBTQ topics.[40][41] The law was published in the Official Gazette on the 6th.[40]
Summary table
| Same-sex sexual activity legal |  (Since 1830) |
| Equal age of consent | (Since 1830) |
| Anti-discrimination laws in employment only | (Since 2010) |
| Anti-discrimination laws in the provision of goods and services | (Since 2010) |
| Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) | (Since 2010) |
| LGBTQ subjects free from censorship in education | / (Parents will be able to opt out of allowing their children to participate in classes on LGBTQ topics since 2026)[41] |
| Same-sex marriages | (Since 2013)[10] |
| Recognition of same-sex couples | (Since 2011) |
| Stepchild adoption by same-sex couples | (Officially permitted since 2010) |
| Joint adoption by same-sex couples | (Officially permitted since 2010) |
| LGBTQ people allowed to serve openly in the military | |
| Right to change legal gender | (Since 2008; gender self-identification since 2018) |
| Third gender option | / (Allowed in some cases, without specific legislation)[21] |
| Conversion therapy by medical professionals banned | (Since 1999 for homosexuals and since 2018 for transgender people)[42][43] |
| Access to IVF for lesbians | (Since 2013)[44] |
| Commercial surrogacy for gay male couples | (Banned for any couple regardless of sexual orientation) |
| MSMs allowed to donate blood | (Since 2020)[45] |