Início » Brazil’s Supreme Court Strikes Down Local Laws Banning Mentions of Gender and Sexual Orientation in School Curricula

Brazil’s Supreme Court Strikes Down Local Laws Banning Mentions of Gender and Sexual Orientation in School Curricula

Unanimous ruling states that defining educational guidelines is the federal government's responsibility

Brazil’s Supreme Federal Court (STF) has declared unconstitutional a series of municipal laws that prohibited mentions of gender and sexual orientation in school curricula.

The unanimous decision stated that educational standards and guidelines fall under the exclusive jurisdiction of the federal government and must be applied uniformly throughout the country.

The court ruled on two cases involving regulations from Tubarão (RS), Petrolina (PE), and Garanhuns (PE). Both had initially been analyzed in a virtual session but were suspended following a request for review by Justice Kassio Nunes Marques.

When the case resumed, the justice recalled the court’s precedents overturning similar laws but noted that certain aspects still require consideration. According to him, academic freedom—like most rights and liberties—has limits, especially when children are the target audience.

“While it is true that municipalities cannot legislate on the matter, it is also true that exposing children to certain discussions and controversies may prove to be an oppressive model,” the justice said.

Nunes Marques referred to studies on child development, stating: “Protecting childhood is not conservatism.”

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