LGBTQ rights in Amazonas

Lesbian, gay, bisexual, transgender and queer (LGBTQ) rights in the Brazilian state of Amazonas have had significant legal advances in recent decades. Homosexuality has been legal in the state, as well as throughout Brazil, since 1830.^[1]

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Legality of same-sex sexual activity

In 1830, Brazilian Emperor Dom Pedro I sanctioned the Imperial Penal Code, removing all references to sodomy from Brazilian law.^[1]^[2]

Recognition of same-sex relationships

Same-sex marriage has been legal in Amazonas since 2013 via a decision by the Brazilian Supreme Federal Court.^[3] Between 2020 and 2025, there was a 328% increase in same-sex marriages in the state, with 287 unions registered in 2024 and 98 in the first five months of 2025.^[4]^[5]^[6]

Adoption and parenting

Since 2010, adoption by same-sex couples has been permitted in the state, with the first case registered in November 2012.^{[citation needed]}

Discrimination protections

Since 2006, Amazonas has included discrimination based on sexual orientation and gender identity in its state policies.^[7]^[8] Furthermore, homophobia and transphobia have been criminalized nationwide since 2019, making them equivalent to the crime of racism.^[9]

In 2021, the Amazonas State Public Defender's Office (DPE-AM) established the Sexual Diversity, Gender Identity and Citizenship Working Group (Portuguese: Grupo de Trabalho Diversidade Sexual, Identidade de Gênero e Cidadania) focused on human rights violations and training of security agents.^[10]

In 2023, the state Parliament sanctioned Law 6,176/2023 (Portuguese: Lei 6.176/2023) authored by state deputies Sinésio Campos (PT) and Nejmi Aziz (PSD), which institutes the State Week of Visibility and Promotion of Rights of the LGBTQIA+ Population (Portuguese: Semana Estadual da Visibilidade e Promoção de Direitos da População LGBTQIA+).^[11]

In August 2024, the Amazonas State Court of Justice (TJAM) released the booklet Home is Right! (Portuguese: Lar é Direito!) aimed at LGBTQ youth who have been expelled from their homes. The booklet also states that conversion therapies are "prohibited and ineffective."^[12]

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Transgender rights

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Transgender people can change their name and legal sex without needing gender-affirming surgery or medical reports, with 51 gender-affirming procedures recorded in 2024.^[13]

In November 2023, the Public Defender's Office of the State of Amazonas opened a process to monitor public health services for transgender and transvestite people, including the provision of hormones and surgeries.^[14]

In August 2024, the Federal Public Ministry (MPF) recommended that the state of Amazonas formally enable outpatient and hospital services for the transsexualization process, including sexual reassignment surgeries, establishing deadlines for approval and presentation of these proposals to the Ministry of Health.^[15]

Non-binary gender recognition

Amazonas does not have specific laws recognizing non-binary gender. However, in 2022, Álex Souza de Sá became the first non-binary person in the state to receive recognition at a notary's office, having their documents rectified in the state of Rio de Janeiro.^[16]^[17] After arriving in the capital, Manaus, Álex discovered that the notary's office where they were registered did not have a gender-neutral marker. After six months of insistence, they appealed to the state's Public Defender's Office and obtained recognition of their documents.^[16]^[17]

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Censorship

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Gender-neutral language ban in schools

State Law No. 6,463/2023 (Portuguese: Lei Estadual nº 6.463/2023) prohibited the use of gender-neutral language in public and private schools.^[18] The law was proposed by state deputy Débora Menezes (PL) and approved by the Amazonas Legislative Assembly with 14 votes in favor and 4 against.^[19]

The LGBTI+ National Alliance and the Brazilian Association of Homotransaffective Families (Abrafh) filed an ADI (Direct Action of Unconstitutionality) with the Supreme Federal Court (STF) to annul the law. The entities claimed that State Law No. 6,463/2023 is unconstitutional because it invades the National Congress's authority to legislate on educational guidelines and bases.^[20]

On May 28, Minister Flávio Dino responded to the suspension request made by the entities:

There is no doubt that the state law in question must be suspended, as it violates the exclusive powers of the Union, to be exercised by the National Congress, characterizing formal unconstitutionality.

In July 2024, the Supreme Court justices confirmed Dino's decision and suspended the state law.^[21]

Social media

On October 17, 2024, the Legislative Assembly of Amazonas enacted a law prohibiting "the reproduction of digital media that uses children linked to homosexuality."^[22]

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Summary table

Same-sex sexual activity legal	(Since 1830)
Equal age of consent	(Since 1830)
Anti-discrimination laws in employment only	(Since 2006)^[7]
Anti-discrimination laws in the provision of goods and services	(Since 2006)^[7]
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech)	(Since 2006)^[7]
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)
LGBTQ people allowed to serve openly in the military
Right to change legal gender	(Since 2008)
Non-binary gender recognition	/ (Only in individual cases)^[16]^[17]
Conversion therapy by medical professionals banned	(Since 1999 for homosexuals and since 2018 for transgender people)^[23]^[24]
Access to IVF for lesbians
Commercial surrogacy for gay male couples
MSMs allowed to donate blood