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LGBTQ rights in Pará

From Wikipedia, the free encyclopedia

LGBTQ rights in Pará
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Lesbian, gay, bisexual, and transgender and queer (LGBTQ) people in the Brazilian state of Pará enjoys many of the same legal protections available to non-LGBTQ people.[8] Homosexuality is legal in the state since 1830.

Quick facts Legal status, Gender identity ...
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Legality of same-sex sexual activity

In 1830, Brazilian Emperor Pedro I sanctioned the Imperial Penal Code, removing all references to sodomy from Brazilian law.[9]

Recognition of same-sex unions

  • On June 28, 2012, in the state of Pará, 28 same-sex couples got married in a ceremony, that took place in Belém.[6]

Adoption and parenting

December 21, 2011 - the Justice of the city of Belém, Pará authorized the adoption of a two-year-old child by a lesbian couple.[7]

Discrimination protections

Since 2007, through a constitutional amendment, the Constitution of the State of Pará prohibits discrimination based on sexual orientation.[4] In 2019, discrimination based on gender identity was banned through a decision by the Supreme Federal Court.[5]

On April 21, 2009, the Governor of Pará Ana Julia Carepa sanctioned Law No. 7,261, which establishes the State Day to Combat Homophobia (Portuguese: Dia Estadual de Combate à Homofobia).[10]

On June 11, 2024, the Governor Helder Barbalho sanctioned Law No. 10,570, which establishes the State Day of Bisexual Visibility (Portuguese: Dia Estadual da Visibilidade Bissexual).[11]

On April 8, 2024, the Governor Helder Barbalho signed Decree No. 3,831, which establishes the State Council for Sexual Diversity, part of the State Secretariat for Racial Equality and Human Rights (SEIRDH).[12]

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Gender identify and expression

In 2008, the State Department of Education (SEDUC) published Decree no. 016, which guarantees the right of transgender people to use their social name in schools.[13]

In June 21, 2025, Ember Alves Oliveira became the first person in the state to obtain a birth certificate with an "X" sex marker, through an action by the Public Defender's Office of the State of Pará (DPE-PA).[14] The Public Defender's Office sent an official letter to the registry office in Ananindeua requesting the rectification of Ember's name and gender. However, the request for a gender change was denied based on Provision No. 73 of the National Council of Justice (CNJ), which does not provide for a third gender option. The change of first name was also denied, without any legal justification.[14] Faced with repeated refusals from the registry office, the Public Defender's Office filed a lawsuit to obtain the rectification. The institution emphasized that maintaining documentation that does not reflect gender identity represents "a source of suffering and anguish, which constitutes a violation of human dignity."[14]

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Summary table

Same-sex sexual activity legal Yes (Since 1830)
Equal age of consent Yes (Since 1830)
Anti-discrimination laws in employment only Yes (Since 2007 for sexual orientation;[4] Since 2019 for gender identity)[5]
Anti-discrimination laws in the provision of goods and services Yes (Since 2007 for sexual orientation;[4] Since 2019 for gender identity)[5]
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) Yes (Since 2007 for sexual orientation;[4] Since 2019 for gender identity)[5]
Same-sex marriages Yes (Since 2013)
Recognition of same-sex couples Yes (Since 2012)
Stepchild adoption by same-sex couples Yes (Since 2010)
Joint adoption by same-sex couples Yes (Since 2010)
LGBTQ people allowed to serve openly in the military Yes
Right to change legal gender Yes (Since 2008; gender self-identification since 2018)
Third gender option Yes/No (Only in a specific case)[14]
Conversion therapy by medical professionals banned Yes (Since 1999 for homosexuals and since 2018 for transgender people)[15][16]
Access to IVF for lesbians Yes (Since 2013)[17]
Commercial surrogacy for gay male couples No (Banned for any couple regardless of sexual orientation)
MSMs allowed to donate blood Yes (Since 2020)[18]
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References

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