Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity
Violence against LGBTI individuals was a serious concern. The Federal Public Ministry is responsible for registering reports of crimes committed on the basis of gender or sexual orientation but reportedly was slow to respond. Transgender individuals were particularly at risk of being the victims of crime or committing suicide. According to the NGO Grupo Gay da Bahia, the risk for a transgender person of being killed was 17 times greater than for a gay person. According to the National Association of Transvestites and Transsexuals in Brazil, in partnership with the Brazilian Institute of Trans Education, 124 transgender men and women were killed in 2019, compared with 163 in 2018. Police arrested suspects in only 9 percent of the cases. According to some civil society leaders, underreporting of crimes was rampant, because many LGBTI persons were afraid they might experience discrimination or violence while seeking services from law enforcement authorities.
In May transgender woman Vick Santos was found strangled and burned in Itu, Sao Paulo. In July, Douglas Jose Goncalves and his wife, Natasha Oliveira, confessed to the crime. Goncalves told police he strangled Santos in self-defense during an altercation. He and Oliveira then burned Santos’ body in an effort to destroy forensic evidence. Both were arrested and were awaiting trial.
On July 26, two teenagers in Bahia stoned Guilherme de Souza and then took his unconscious body to an abandoned house, which they set ablaze. A few hours after the crime was committed, police arrested the suspects, one of whom confessed that he had premeditated the crime because he was offended when the victim, who was homosexual, had flirted with him.
No specific law prohibits discrimination against LGBTI persons in essential goods and services such as health care. In June 2019, however, the Supreme Court criminalized discrimination based on sexual orientation and gender identity. Offenders face sentences of one to three years’ imprisonment and a fine, or two to five years’ imprisonment and a fine if there is widespread media coverage of the incident.
NGOs cited lack of economic opportunity for LGBTI persons as a concern. According to the NGO Grupo Gay da Bahia, 33 percent of companies avoided hiring LGBTI employees, and 90 percent of transgender women survived through prostitution because they could find no employment alternative. Transgender women often paid human traffickers for protection and daily housing fees. When they were unable to pay, they were beaten, starved, and forced into commercial sex. Traffickers exploited transgender women, luring them with offers of gender reassignment surgery and later exploiting them in sex trafficking when they were unable to repay the cost of the procedure.
According to some LGBTI leaders, the COVID-19 pandemic severely limited the LGBTI population’s access to public health and mental health resources, and many were in abusive domestic situations with families that did not support them. According to some civil society sources, LGBTI workers, who were more likely to work in the informal economy, lost their jobs at a much higher rate than the general population during the pandemic.