Brazil: Resolutions on Sexual Orientation and Gender Identity

Published: March 20, 2015

Eduardo Soares
Original Article:

Mar 20, 2015) On March 12, 2015, two resolutions issued by Brazil’s National Council of Anti-Discrimination and Promotion of the Rights of Lesbians, Gays, Bisexuals, Transvestites and Transsexuals (Conselho Nacional de Combate à Discriminação e Promoção dos Direitos de Lésbicas, Gays, Bissexuais, Travestis e Transexuais) were published in the Brazilian Official Gazette. (Resolução no- 11, de 18 de Dezembro de 2014 & Resolução No- 12, de 16 de Janeiro de 2015, DIÁRIO OFICIAL DA UNIÃO, Seção 1 (Mar. 12, 2015), at 2 & 3, respectively [click on right arrows after journal page in upper left corner to advance to p. 3].)

The Council, part of the permanent structure of the Secretariat of Human Rights of the Presidency of the Republic (Secretaria de Direitos Humanos da Presidência da República), is a collective body made up of representatives from civil society and the federal government. (Conselho Nacional de Combate à Discriminação de LGBT (CNCD/LGBT), Secretariat of Human Rights of the Presidency of the Republic website (last visited Mar. 18, 2015).) ??Resolution No. 11 of December 18, 2014, establishes the parameters for the inclusion of the terms "sexual orientation," "gender identity," and "social name" in reports issued by police authorities in the country.

The Resolution defines "sexual orientation" as referring to the capacity of each person to have a deep emotional, affective, or sexual attraction to individuals of different gender, of the same gender, or more than one gender, or to have intimate and sexual relationships with these individuals (Resolution No. 11, art. 1(§1)(I)).

Gender identity is defined under Resolution No. 11 as the deeply felt internal and individual experience of gender by each person, which may or may not correspond with the sex assigned at birth, including a personal sense of the body (which may involve, if freely chosen, modification of appearance or bodily function by medical, surgical, or other means) and other expressions of gender, including dress, manner of speaking, and mannerisms (id. art. 1(§1)(II)).

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