Lesbian, gay, bisexual, transgender and queer (LGBTQ) people in the Brazilian state of Rio de Janeiro enjoy many of the same legal protections available to non-LGBTQ people. Same-sex marriage is legal in the state since 2013.
Legality In 1830, Brazilian Emperor Dom Pedro I sanctioned the Imperial Penal Code, removing all references to sodomy from Brazilian law.
Recognition of same-sex unions On 17 April 2013, the General Magistrate of Justice of Rio de Janeiro, Judge Valmir de Oliveira Silva, published a legal ruling authorizing same-sex marriage in the state if local judges agree. Same sex weddings are poised to begin in the coming days.. According to the ruling (25/2013), a couples' request must be registered by civil registry officers, who have to give 15 days for the district to decide if they agree. If they don't agree, the marriage cannot proceed.
Adoption and parenting August 24, 2007 - the Justice of the city of Rio de Janeiro authorized the adoption of a child by a lesbian couple. May 21, 2009 - the Justice of the city of Rio de Janeiro authorized the adoption of two children by a lesbian couple. February 22, 2010 - the Justice of the city of Rio de Janeiro, Rio de Janeiro authorized the adoption of a child by a lesbian couple.
Gender identity and expression The Supreme Federal Court of Brazil 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.
In 2020, Rio de Janeiro became the first Brazilian state to authorize a non-binary person to change their gender marker to "unspecified" through a court decision. On 5 April 2022, the Public Defender's Office of the State of Rio de Janeiro announced that non-binary people could change their documents to reflect their gender identity.
Bathroom ban in Petrópolis On 11 June 2025, the Petrópolis City Council passed a law banning transgender people from using restrooms according to their gender identity in the city. The bill's author, Councilman Octavio Sampaio (PL), said the law's objective is to "protect the physical and psychological integrity of women, children, and adolescents, ensuring safety and privacy in public restrooms."
On April 17, councilwoman Benny Briolly (PSOL) launched a campaign against the bill.
Unisex restrooms On 26 March 2026, the Legislative Assembly of Rio de Janeiro approved a bill by Representative Índia Armelau (PL) to allow the installation of unisex restrooms and changing rooms for transgender, non-binary people, and those who have not undergone gender-affirming surgery.
The bill was criticized by Representative Dani Balbi (PCdoB), who argued that it allowed the segregation of transgender people and recommended that the state governor, Ricardo Couto, veto it.
On 22 June 2026, Couto vetoed the bill, arguing that it would perpetuate segregation.
Discrimination protections On July 15, 2015, the governor of Rio de Janeiro, Luiz Fernando Pezão, signed Law No. 7041, which prohibits discrimination based on sexual orientation in the state.
Since 2019, discrimination based on gender identity has been prohibited nationwide in Brazil, through a decision by the Supreme Federal Court.
Censorship In February 2016, the mayor of Nova Iguaçu, Nelson Bomier, signed a law prohibiting the use of educational materials about "sexual diversity" in the city's schools. The law was challenged by the Prosecutor General of the Republic, however, Supreme Court Justice Alexandre de Moraes, the case's rapporteur, denied the continuation of the lawsuit due to legal issues.
Summary table Same-sex sexual activity legal (Since 1830) Equal age of consent (Since 1830) Anti-discrimination laws in employment only (Since 2015 for sexual orientation; since 2019 for gender identity) Anti-discrimination laws in the provision of goods and services (Since 2015 for sexual orientation; since 2019 for gender identity) Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) (Since 2015 for sexual orientation; since 2019 for gender identity)LGBTQ subjects free from censorship in education/ (Banned in Nova Iguaçu since 2016) Same-sex marriages (Since 2013) Recognition of same-sex couples (Since 2011) Stepchild adoption by same-sex couples (Since 2010) Joint adoption by same-sex couples (Since 2010; starting in 2007) LGBTQ people allowed to serve openly in the military Right to change legal gender (Since 2008; gender self-identification since 2018)Third gender option (Since 2022, by court order) Conversion therapy by medical professionals banned (Since 1999 for homosexuals and since 2018 for transgender people) Access to IVF for lesbians (Since 2013) Commercial surrogacy for gay male couples (Banned for any couple regardless of sexual orientation) MSMs allowed to donate blood (Since 2020)
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