LGBTQ+ Rights in Brazil

Back of person in white shirt and hat holding rainbow pride flag in the air alongside a colorful designed scarf.
Figure 1: Source: Yahoo Images, Ye Aung Thu; Pride flag held aloft. Back of person in white shirt and hat holding rainbow pride flag in the air alongside a colorful designed scarf.

You look around at the passing people, from old women and working mothers to teachers and police, any of them could want you dead. This is the unfortunate reality facing many LGBTQ+ people in Brazil, the world’s most dangerous country for trans and Queer people. With a stark rise in conservatism driving discriminatory legislation and a president that has publicly vilified “gender ideology” and Queer persons, the rights of LGBTQ+ people are threatened by institutions and public support of hateful rhetoric and discriminatory laws. 

The political climate fostering LGBTQ+ hate

The current president of Brazil is Jair Bolsonaro, who began his term on January 1, 2019. Bolsonaro is seen as a polarizing figure both within Brazil and by the international community for his disparaging comments against women, people of color, and LGBTQ+ individuals. A far-right figure, Bolsonaro claimed in a 2011 interview with Play Boy that he would rather have a dead son than a gay one. 

Figure 2: Source: Yahoo Images; An image of President Jair Bolsonaro. Shoulder to head image of a white male wearing a black suit looking towards the top right corner.

After the election of Jair Bolsonaro, Brazil’s second openly gay congress member Jean Wyllys left their position and fled the country due to the increased level of violence against LGBTQ+ people and the number of death threats received. “It was not Bolsonaro’s election itself. It was the level of violence that has increased since he was elected,” Wyllys told local newspapers. Bolsonaro has been clear about how his convictions motivate his discriminatory rhetoric that disparages LGBTQ+ people, and his election and widespread public support have also translated to widespread violence. 

Bolsonaro represents a rise in conservatism further supported by a significant growth in Evangelism in Brazil over the last decade. Despite being the world’s largest Catholic country, Evangelical churches have been increasing, and now approximately one-third of Brazil’s population is EvangelicalJohn Otis, a reporter for the National Public Radio, found that “Evangelicals now make up 31% of Brazil’s population, according to the Datafolha polling firm. They’re still outnumbered by Catholics, who make up 51%. But evangelicals are growing at a much faster clip. They’re also more politically active than Catholics.” 

Evangelism is an umbrella term for Protestant denominations that emphasize the Bible as the ultimate source of morality and history and a desire to evangelize, or spread their faith. Evangelicals tend to be more conservative and opposed to more progressive values. The concern between the rise in evangelism and subsequent conservatism in Brazil is that these joint forces signal an erosion of secularism and democracy in Brazil.  

On his inauguration day, Bolsonaro said, “We will unite people, value the family, respect religions and our Judeo-Christian tradition, combat gender ideology and rescue our values.” On December 1, 2021, the Brazilian senate approved the appointment of Evangelical lawyer and pastor André Mendonça to a position on the Supreme Court. This is a signal of the key role evangelists play in the political climate of Brazil today with positions on the highest court in the nation and executive office. 

LGBTQ+ experiences 

Foremost, sexuality and gender identities are a focus of discriminatory laws and practices in a lot of states, but trans and Queer people are also the victims of torture, violence, and death.

The highest rates of transpeople and gender non-conforming people killed are concentrated in Central and South America. Most prominently, Brazil has the largest number of trans and Queer people killed in the world, and in 2021, Brazil maintained this position for the 13th consecutive year. 

The violence and deaths of LGBTQ+ individuals are in direct contradiction with the right to life and safety guaranteed to all people. Additionally, LGBTQ+ people face more barriers to healthcare access, and discrimination is conflated by additional minority identities such as being a person of color. Trans persons are particularly vulnerable to exposure to violence due to name and sex details in official documents. 

As a result of the violence, LGBTQ+ people have been responding by taking defense and martial arts classes. In large cities such as Sao Paulo, Porto Alegre, and Rio, defense courses are being offered to Queer people who increasingly doubt Brazil’s institutions will protect them. Carlos Renan dos Santos Evaldt, a banker and president of a gay sports club in Porto Alegre, was spurred to offer jujitsu classes not just to ensure personal safety, but “rights achieved through hard work and at the cost of many lives and years.”

Figure 3: Source: Yahoo Images; An image of people learning jujitsu. A group of four or five white men sitting on a blue mat being instructed by a black man in jujitsu.

Since 2014, there has been a growing passage of legislation, approximately 200 bills, at all levels targeting “indoctrination” and “gender ideology.” Bolsonaro’s Minister of Women, Family, and Human Rights, Damares Alves, an evangelical pastor said on her first day, “Girls will be princesses, and boys will be princes. There will be no more ideological indoctrination of children and teenagers in Brazil.” 

In 2011, the UN Human Rights Council passed a resolution affirming LGBTQ+ rights as human rights due to the discrimination and violence levied against this minority community. Alves’ promotion of anti-LGBTQ+ speech disparages the identities of all people, and moreover, signals a failure from the ministry with an objective in human rights to combat rhetoric against Queer persons. Brazil is a current member of the Human Rights Council and therefore has an obligation to promote human rights for all. 

Brazil requires comprehensive sexuality education (CSE); however, attempts to reduce or eliminate teaching about gender and sexual orientation represent a threat to the right to education, information, and health. These bills represent a process of silencing rather than honoring the diversity of individuals. 

Successes in face of growing anti-LGBTQ+ sentiments 

While there is still a long way to go in addressing the human rights violations trans and Queer people face in Brazil, there have been successes in the face of growing hate and violence. As previously mentioned, trans people face additional threats due to names and assigned sex at birth listed on official documents. In 2018, Brazil’s Supreme Court ruled that the government could no longer require individuals seeking a name or gender identifier change on official documents to undergo medical procedures or judicial review. Previously, transgender people had to undergo mandatory psychiatric evaluations, medical transitions, or obtain a judicial order. This represents a major step to ensuring the safety and validating the identity of all people. This is a confirmation of the right of a person to self-determination and a denial of any government to decide for a person who they are. 

In June 2019, the Supreme Court furthered its protection of LGBTQ+ people by criminalizing homophobia and transphobia. Under the law, homophobia and transphobia would be treated the same way as racism. In May 2020, the Supreme Court struck down a federal ban on blood donations from men who had sexual relations with men. 

Also, in 2020, the Supreme Court struck down a number of bills that aimed to censor “gender ideology” and sexuality in CSE programs. These cases established that municipalities could not override national education plans, and in these specific cases, changes represented a violation of the right to equality and education. And in April 2022, the Supreme Court affirmed that the “Maria da Penha” law against domestic violence applied to transgender women.

Figure 4: Source: Yahoo Images, Ben Tavener; Gay Pride parade in Sao Paolo, Brazil. A street filled with people to the end, a giant rainbow flag marches at the front of the group held over the heads of numerous participants.

In spite of political attempts to limit or deny the rights of LGBTQ+ people, there are institutions that still protect these human rights. As of this October, Brazil will hold its presidential election between incumbent Jair Bolsonaro and former president Luiz Inacio Lula da Silva, who is leading in the polls. As Brazilians celebrated Pride month this year with the first in-person parade in two years they did so under the slogan “vote with pride, for policies that represent us.”

The Human Rights Campaign has partnered with Instituto de Políticas Públicas LGBT and Instituto Mais Diversidade in order to promote and develop more inclusive LGBTQ+ employment practices in Brazil and Argentina. By creating more accepting workplaces for Queer people, more inclusion can be fostered across all aspects of life in Brazil. 

To get involved, you can support the Human Rights Campaign by donating so these programs can continue to combat discrimination against LGBTQ+ people. Also, by creating dialogues in your own workplaces on LGBTQ+ inclusion, human rights in corporations will continue to be a standard of practice ensuring equality and equity on all levels, local to international. 

Cataclysm: COVID-19 in Brazil

As the number of novel coronavirus (COVID-19) cases continue to grow in the United States (U.S.), another epicenter has been growing in South America. As the sixth most populous country in the world, Brazil has experienced an uptick in COVID-19 cases and deaths alongside an array of national controversies that make the response efforts considerably more difficult. This blog addresses Brazil’s growing importance in the COVID-19 discussion and how it impacts human rights issues concerning indigenous peoples, environmental degradation, favela communities, and good governance.

As of late-June, more than 1.3 million Brazilians have been diagnosed with COVID-19, while over 55,000 have died from the virus. Brazil’s most populated state, São Paulo, is currently the country’s epicenter with nearly 250,000 confirmed cases of COVID-19. The northeastern state of Ceará has the country’s second-largest number of confirmed cases (100,000+), while Pará in the northwest is nearing 100,000 confirmed cases. Additionally, the iconic city of Rio de Janeiro has over 105,000 confirmed cases of COVID-19. Unfortunately, Amazonas has to the highest COVID-19 death rate of any state with 67 deaths per 100,000 cases, compared to Bahia’s 11 deaths per 100,000 cases, which highlights the disproportionate impact of COVID-19 on indigenous communities that have been systematically killed, displaced, and denied access to health care and other preventative services that could help fight the spread of the virus.

Indigenous Peoples of Brazil

As the largest Brazilian state in the Amazon region, Amazonas is known for its indigenous communities who often live in isolated villages and have poor access to health care. In the city of Manaus, which has a population of 2 million+ and is only accessible by aircraft or boat, many recent respiratory-related deaths have resulted in quick burial in mass graves, which has likely led to a severe underestimate the pandemic’s toll on the local population. In the remote community of Betania, the Tikuna tribe has five government medical workers that accommodate an approximate 4,000 inhabitants, but they are not treating the sick due to lack of protective equipment and COVID-19 testing supplies. One considerable threat are the indigenous community members who are not quarantining and are, instead, traveling in and out of town for work.

These unprecedented events compound the colonial legacy that has threatened Brazil’s indigenous peoples for centuries. Centuries ago, indigenous tribes throughout the Amazon were decimated by diseases brought by Europeans. In a way, history is repeating itself because the Brazilian government’s ineffectual response to the crisis have allowed COVID-19 to ravage the surviving indigenous communities and put them on the brink of genocide. Aside from the tribes who have contact with the modern world, the Brazilian Amazon inhabits 103 uncontacted tribes who have virtually no knowledge or resources to protect them from the threat of COVID-19. Signing this petition will help urge Brazilian officials to protect the surviving indigenous communities throughout the Amazon.

Deforestation in the Amazon

Since COVID-19 has reached these Amazonian communities, deforestation in the region has also proliferated. The Amazon is the largest rainforest in the world and is important to the global ecosystem because it absorbs approximately 5% of the world’s carbon dioxide (CO2) emissions. Thus, protecting the Amazon is pivotal for stalling the effects of climate change. However, for years, the Amazon has been ravaged to accommodate the agricultural industry as well as illegal loggers and drug traffickers. As a result, indigenous leaders fear that the COVID-19 pandemic will be used to exacerbate the destruction these industries have already caused.

During the month of April, deforestation in Brazil increased by nearly 64% which resulted in more than 150 square miles of rainforest destruction. In response, 3,000+ Brazilian soldiers were deployed to the region to prevent illegal logging and other criminal activities that contribute to deforestation. Some worry that such activity in the rainforest will lead to outsiders giving indigenous communities infectious diseases, namely COVID-19. Brazil’s Secretariat of Indigenous Health (SESAI) has made efforts to distribute N95 masks, gloves, and goggles to the region, but activists warn that the only way to protect uncontacted tribes is by keeping illegal loggers and miners out of these areas. Despite the Brazilian government establishing three military bases to prevent illegal actors from permeating the region, they are only expected to be present for 30 days. This is because Brazil’s main environmental enforcement agency, Ibama, is expected to take over these efforts but are currently understaffed and underbudgeted.

Favelas in the Age of Social Distancing

More than 11 million Brazilians live in favelas which are shantytowns outside of urban centers. Already hit hard by gun violence, unsanitary conditions, and militaristic police presence, people living in Brazil’s favelas struggle to adhere to social distancing measures. Research has found that people living favela-like conditions spend roughly 50% more time per day with others than people in less-impoverished areas. Often, favelas are composed of two or three rooms with five or six people sharing these spaces. As such, favela conditions enable the spread of COVID-19, and with precious little assistance from the government, Brazil’s most impoverished communities are left to fend for themselves.

With little government help, residents of Paraisopolis in Sao Paulo (population: 100,000) have offered a community-based solution. Due to donations and volunteer work, residents have responded to COVID-19 by organizing distribution of free meals, ambulatory services, and neighborhood watch persons. They even designated one building the quarantine house and repurposed closed schools in self-isolation centers. In Rio, members of the gang City of God drive through the local favelas, blaring a recorded message ordering people to stay home. Other gangs have become knowledgeable about COVID-19 in order to deliver essential goods to favela residents and have even gone as far to enforce social distancing measures by preventing restaurants from putting tables out. These forms of gang vigilantism in Brazil’s favelas demonstrate the lack of government support and tension with local police.

Small grave onlooking a favela.
At the bottom of this block destined to the burials of COVID-19, is the favela of the Vila Nova Cachoeirinha housing complex. Source: Léu Britto, Creative Commons.

Trump of the Tropics

These criticisms are largely attributed to the leadership of Brazilian President Jair Bolsonaro who notoriously dismissed COVID-19 as a “little flu”. Aside from personally ignoring social distancing measures, Bolsonaro has organized large rallies in an effort to confront local governors who have locked down their regions. Recently, after ignoring federal regulation that require wearing a face mask in all public places, a judge ruled that Bolsonaro (and any public official) is not exempt from this policy and should expect a 2,000-reais ($387) fine like anyone else. Bolsonaro even fired his Health Minister, Luiz Mandetta, in April after he supported social distancing measures. His successor has since promoted a reopening of the economy and unproven medical treatments for COVID-19.

Known by many as the “Trump of the Tropics,” Bolsonaro has successfully maintained a strong coalition of supporters such as the agriculture community, evangelical Christians, and the military. Unlike the U.S., Brazil is an emerging economy with a weak social safety net that makes it difficult for government officials to convince people to stay at home. Health care access and the conditions to work from home are also quite limited. Recent cell phone tracking data has revealed that 45-60% of Brazilians are not complying with social distancing measures, likely due to the fact that they have to choose between feeding their families and being exposed to the virus. As such, it is assumed Bolsonaro’s defiance of a public health approach to COVID-19 is an effort to appeal to his core supporters. Bolsonaro has also slashed regulations and enforcement of land grabbing, which exacerbates the deforestation crisis currently impacting the Amazon.

Human Rights in Brazil

As demonstrated, Brazil has an array of chronic human rights problems that have been compounded by the arrival of COVID-19. In 2016, a constitutional amendment was passed that limited public expenditures in Brazil for the next 20 years. As a result, we are now witnessing how these austerity measures have affected access to housing, food, water, and sanitation when Brazilians need it the most, particularly within the most vulnerable groups – women, children, Afro-Brazilians, indigenous peoples, rural communities, and informally-settled persons.

Much like the U.S., Brazil’s COVID-19 response has mostly been subnational social distancing measures and an emergency basic income to placate the masses. However, these efforts are clearly inadequate considering Brazil’s COVID-19 cases are surging alongside another potential Zika outbreak. As a result, Brazil has effectively become the most prominent COVID-19 case study in the Global South, a nation plagued by a deadly virus and an array of human rights issues. Human rights experts suggest fiscal stimulus and social protection packages would only be the beginning of a COVID-19 response because many of these concerns are the consequence of marketization and privatization of public goods and services. As such, the COVID-19 pandemic serves as an opportunity to reverse the market-based ideology that has failed so many countries, especially the Land of the Palms.

Please sign the petition to help urge Brazilian officials to protect the surviving indigenous communities throughout the Amazon.

The Rainforest is Burning: Fires in the Amazon

Trees in a swamp in the Amazon rain forest.
Swamp in Amazon rainforest. Source: Ivan Mlinaric, Creative Commons

On August 19, 2019, the sky of São Paulo, Brazil was turned black from smoke, bringing an abrupt awareness to a serious problem in the Amazon: it’s burning.  During the first eight months of this year, upwards of 74,000 fires were found burning in Brazil, most of which were in the Amazon and/or on agricultural land.  This was an 84% increase in the number of fires found during the same period in 2018, and the highest number found at one time in Brazil since 2010.  In August, the G7 (Group of Seven) held a summit to discuss issue related to climate change, biodiversity, and the oceans, where the countries involved agreed to give support and $20 million in response to the devastation in the Amazon.  Brazil’s President, Jair Bolsonaro, refused this offer, claiming that the country’s sovereignty was being the threatened. 

Why is this happening? 

There are a few different factors that have been attributed to causing the fires.  One is that some number of fires is normal, especially during this time of year, as it is a dry season.  Most of the fires are not naturally occurring, though.  Brazilian journalist Silio Boccanera says that many of the local people feel comfortable setting fires as they wish, as the government has not made efforts to prevent it. 

President Bolsonaro supports the deforestation of the Amazon because he sees it as place for development.  Because of this, his administration has not framed the preservation of the rainforest as being particularly important, making groups who want to clear land for farming do exactly that.  Boccanera believes that this, in combination with the expected fires of the dry season, has been the main cause.    

According to Mikaela Weisse from the World Resources Institute, cattle grazers and soybean growers are the main two groups who are clearing the rainforest due to economic interests.  Mining, timber, and development firms are also growing in the area as a result of Bolsonaro’s position on the rainforest.  Confirmation of the fact that humans have caused most of the fires comes from satellite photos showing “special pattern where we see a lot of fire hot-spots clustered around roads, agriculture and pasture areas that have already been cleared.” 

The Impact of the Fires on the Environment  

The increase of fires has had (and will continue to have) a serious impact on the natural world.  So far, 228 megatons of carbon dioxide have been released due to the fireswhich absorbs heat and contributes to climate change. 

There is also great reason to be concerned for the long-term well-being of the Amazon itself.  As a tropical rainforest, it has high levels of humidity and is not fire-adapted, meaning its vegetation does not have the special traits that the plants of drier climates have developed in order to survive or even thrive when fire is present.  According to Yadvinder Malhi, Professor of Ecosystem Science at the University of Oxford, it takes around 20 to 40 years to regenerate after a fire (assuming it has the chance to regenerate before a new fire begins).  However, any fires that do occur leave the surviving trees more vulnerable to drought and new fires than they were before.  Multiple fires every few years mean more long-term, permanent damage, potentially shifting large parts of the Amazon to a “degraded shrubby state.” 

As of August, 80% of the Amazon remained intact, but Malhi is concerned about how the combination of deforestation and climate change will impact the situation.  Due to the reduced rainfall leading to a drier climate, fires would be more likely to spread.  As Malhi points out: “If 30-40% of the Amazon was cleared, then there would be a danger of changing the forest’s entire climate,” which is hard to think about.  He does, however, also say that we are at an early stage in the situation, and that there is still enough to work to save the rainforest. 

Clearing Up Some Misinformation 

One claim that has been seen numerous social media sites is that the Amazon rainforest produces 20% of Earth’s oxygen.  According the BBC’s Reality Check, academics believe that the number is actually less than 10%.  Professor Malhi points out that a large part percentage of oxygen is produced by plankton and that, of the oxygen that is produced by plants on land, only 16% is produced by the Amazon.   

Even if the Amazon produced a full 20% of oxygen, this is still a misleading claim, because the Amazon absorbs close to the same amount of oxygen as it produces, “effectively making the total produced net-zero.”  The plants of the rainforest must reabsorb about half of the oxygen they produce to perform respiration and grow, and the soil, animals, and microbes also use some of it. 

This is not to suggest that saving the Amazon rainforest is not an important issue (because it certainly is)rather, it is to clear up some misinformation.  People have been known to point to misinformation as an argument against the importance of an issue, so it is important to address it when it is being spread.   

An area of the Amazon rain forest where trees have been cut down and burned.
Slash and burn agriculture in the Amazon. Source: Matt Zimmerman, Creative Commons

The Impact of Fires and Deforestation on Indigenous Peoples 

The deforestation of the Amazon has a severe negative impact on the indigenous people of Brazil.  Indigenous tribes rely on the rainforest in nearly every part of their lives, from food to clothes to medicine.  It is also an important part of their identity as a people.  Jonathan Mozower from Survival International says, “It’s hard to overstate the importance of these forests for indigenous peoples.”  The fires that are burning in the Amazon are eating away at the resources that are the foundation of their livelihoods.   

According to Mozower, this is “the worst moment for the indigenous people of the Amazon” since the military dictatorship that lasted until the 1980s.  In just a single week in August, there were 68 fires found and registered in indigenous territories and conservation areas. 

The indigenous people of the area are also being harmed by the fires’ impact on the rainforest’s biodiversity.  The Amazon rainforest contains the most diverse range of living things in the world.  For example, it is home to over 3,000 species of fish, and there are hundreds more that have not yet been discovered.  The diversity of the forest is what allows the life there to thrive, with different species depending on one another, such as fish helping to spread the seeds of trees.  The loss of some species leads to the loss of others, causing the rate of biodiversity loss to increase over time. 

As the Amazon loses more and more biodiversity, the indigenous people who live there lose more of their resources. 

This Is a Human Rights Issue 

According to Article 25 of the United Nations’ (UN) Universal Declaration for Human Rights, “Everyone has the right to a standard of living adequate for the health and well-being of himself and his family.  This is also affirmed by Article 7 of the UN’s Declaration on the Rights of Indigenous Peoples (DRIP) states that “Indigenous individuals have the rights to life, physical and mental integrity, liberty and security of person.”  

DRIP also addresses many aspects of the land and resources that indigenous peoples depend on (like in the Amazon rainforest).  Article 8 states that “States shall provide effective mechanisms for prevention of, and redress for actions that deprive them of their integrity as distinct peoples, or of cultural values or ethnic identities and any action that tries or succeeds at taking away their land or resources.  Article 26 identifies indigenous peoples’ rights to the lands and resources they have traditionally possessed, to own, use, develop, and control these lands and resources, and to have “legal recognition and protection to these lands, territories and resources” by the states they live in.  Article 29 states that “Indigenous peoples have the right to conservation and protection of the environment and the productive capacity of their lands or territories and resources.  Articles 30 says that governments should consult the indigenous people who live in the area before using their territories. 

The impacts of the fires and deforestation of the Amazon impede indigenous people’s access to these rights and must be dealt with. 

What Can We Do? 

When faced with the facts of the situation in Amazon, it is easy to feel hopeless about the future.  Here are some things that you can personally do to help. 

Donations 

One option is to donate to organizations aimed at fighting the deforestation of the Amazon rainforest and supporting the people who are impacted by it.  Survival International takes donations in order to fund their efforts to pressure the Brazilian government to keep loggers out of the rainforest in support of the Awá people.  The International Working Group for Indigenous Affairs aims specifically to help makes sure that the voices of indigenous people are heard. 

Rainforest Safe Products 

You can also try to only by products that are deemed “rainforest safe”.  Products that are “Rainforest Alliance Certified” come from “farms that passed audits and met standards for sustainability”.  Some goods that might have the seal for this certification include coffee, bananas, and chocolate.  Products that are made with wood can be “Forest Stewardship Council (FSC)” certified, meaning the wood used did not come from illegal logging and deforestation. 

Sustainable Living 

Another great option is to try to live a more sustainable life overall.  One of the best things that you can do is adopt a plant-based (vegan) diet or at least cut down on your consumption of animal products.  As it was previously mentioned, one of the biggest reasons for the clearing of the Amazon is cattle grazing and the farming of soybeans (which are mostly used to feed livestock).  According to the United States Department of Agriculture, Brazil is world’s largest beef exporter, “providing close to 20 percent of total global beef exports.  In 2017, the United States was the sixth largest importer of Brazilian beef, buying $295 million dollars’ worth According to the USDA Economic Research Service, the United States imported 140.9 million pounds Brazilian beef in 2019.   

Cutting down on the consumption of animal products is also a great way to live more sustainably, as 42% of the United States’ agricultural greenhouse gas emissions are from animal agriculture and “livestock accounts for between 14.5 percent and 18 percent of human-induced greenhouse gas emissions” worldwide. 

It main seem difficult, but it is possible for to make a difference as ordinary people.