Gay and Lesbian Communities the World Over by Simon Rita J.;Brooks Alison M.; & Alison Brooks

Author:Simon, Rita J.;Brooks, Alison M.; & Alison Brooks
Language: eng
Format: epub
ISBN: 4505050
Publisher: Lexington Books

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Brazil

Brazil’s policies on gay and lesbian rights vary depending upon the state and jurisdiction. Nationally, same-sex relationships are not legally recognized.1 But some areas recognize relationships through domestic partnership laws. While not permitting same-sex marriages or civil unions, the Brazilian government recognizes same-sex partners as “de facto” partners, giving them legal status. This classification gives partners some of the same rights afforded to heterosexual, married couples.2 The only state that permits same-sex civil unions is Rio Grande do Sul. Same-sex partners in that state can receive benefits such as the right to inherit partners’ pensions and social security benefits, the ability to declare their partners as dependents on income tax returns, and additional rights related to child custody and insurance.3 These rights did not come easily to the gay and lesbian community. In 1978, inspired by the international gay and lesbian movement, a group of gay writers and intellectuals began publishing a monthly journal entitled Lampião da Esquina. Based in Rio de Janeiro, Lampião served as a clearinghouse for the emerging politicized gay and lesbian movement. It also promoted the idea of building alliances with black groups, feminists, the indigenous movement, and ecologists. During its three-year run, Lampião solidified in Brazil the idea of coming out as a political act.4 Sao Paulo and Rio de Janeiro police begin a yearlong investigation of Lampião on charges of offending public morality. With the support of the Brazilian journalists Union, activists fought the charges, and the case was dropped for lack of evidence.5

The state constitutions of Sergipe and Mato Grosso clearly prohibit discrimination based on sexual orientation. Many municipalities have also passed legislation banning such discrimination.6 Although there are state and federal laws prohibiting discrimination based on sexual orientation, there have been reported instances of violence and abuse of gays and lesbians.7 It was reported that 2,511 gays and lesbians were murdered between 1980 and 2005.8 More recently, the NFO Bahian Gay Group reported that over 100 gays and lesbians were killed in 2007, identifying the northeast area of Brazil as the most violent.9 Sao Paulo prohibits discrimination against homosexual, bisexual, or transgender citizens and Rio de Janeiro imposes fines as high as $5,500 against individuals or institutions found to discriminate against gays and lesbians.10 Programs have been developed by nonprofit groups and nongovernmental organizations aimed at providing counseling, medical services, and a witness protection program to combat violence against gays and lesbians.11 The “Brazil Without Homophobia” program promotes a message that a person’s sexual orientation cannot be changed and encourages respect for diversity.12 Since the program started, the Brazilian government has spent millions of dollars funding Gay Pride parades and pro-gay and lesbian TV programming and educational programs in schools.

Gays and lesbians who exhibit behavior which degrades military decorum and honor are barred from military service.13 In addition, the Statute of the Military governs behavior expected by all personnel on and off duty.14 An individual found guilty of engaging in libidinous acts, including homosexual acts, violates the penal code and is subject to punishment and possible discharge.

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