Brazilian court allows gender-neutral marker on official documents in landmark ruling

This represents a historic victory for LGBTQ+ rights in the country as it sets a precedent for further development of case law on the subject.

This article is about a Brazilian court allowing gender-neutral ID. In the photo, a Brazilian flag flying on a blue sky.
Image: Via Unsplash - Samuel Costa Melo

On Wednesday, May 7, a Brazilian high court granted official documents with a gender-neutral marker for the first time in a historic victory for LGBTQ+ rights in the country.

As reported by the Associated Press, the ruling was delivered unanimously by a panel of the Superior Court of Justice in the capital city of Brasilia. The case was brought before the court by a Brazilian person who initially requested to be recognised as male and later regretted this and requested documents with a gender-neutral marker.

The person who brought the case before the court, who remains anonymous, underwent hormone treatment and gender reassignment surgery. However, they later realised they couldn’t identify as male, and took legal action to amend their documents to include a gender-neutral marker.

“In my opinion, this human being must be suffering greatly,” Superior Court Justice Nancy Andrighi said in a statement. “To undergo surgery, take hormones, become what you imagined would be good for you and then realise it was not the case.”

 

Andrighi’s judgement was supported by judges Ricardo Villas Bôas Cueva, Humberto Martins, Moura Ribeiro and Daniela Teixeira. The panel argued that, despite the lack of specific legislation on the subject in Brazil, non-binary people must be respected.

It is unclear what the person’s preferred pronouns are, and the case is currently sealed to protect their identity.

While this decision is only valid for the person who requested the documents, it represents a landmark victory for LGBTQ+ rights in the country as it sets a precedent for further development of case law on the subject.

In 2018, Brazil’s Supreme Court ruled that trans people are allowed to change their legal gender without undergoing gender-reassignment surgery or hormonal therapy, as previously required by law. Trans people seeking to amend their legal gender in Brazil can now apply at a government registry office without the need for court documents or medical reports.

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