Women's Rights In Brazil
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Women's societal roles in
Brazil Brazil, officially the Federative Republic of Brazil, is the largest country in South America. It is the world's List of countries and dependencies by area, fifth-largest country by area and the List of countries and dependencies by population ...
have been heavily impacted by the
patriarchal Patriarchy is a social system in which positions of authority are primarily held by men. The term ''patriarchy'' is used both in anthropology to describe a family or clan controlled by the father or eldest male or group of males, and in fem ...
traditions of Iberian culture, which holds women subordinate to men in familial and community relationships. The
Iberian Peninsula The Iberian Peninsula ( ), also known as Iberia, is a peninsula in south-western Europe. Mostly separated from the rest of the European landmass by the Pyrenees, it includes the territories of peninsular Spain and Continental Portugal, comprisin ...
, which is made up of
Spain Spain, or the Kingdom of Spain, is a country in Southern Europe, Southern and Western Europe with territories in North Africa. Featuring the Punta de Tarifa, southernmost point of continental Europe, it is the largest country in Southern Eur ...
,
Portugal Portugal, officially the Portuguese Republic, is a country on the Iberian Peninsula in Southwestern Europe. Featuring Cabo da Roca, the westernmost point in continental Europe, Portugal borders Spain to its north and east, with which it share ...
and
Andorra Andorra, officially the Principality of Andorra, is a Sovereignty, sovereign landlocked country on the Iberian Peninsula, in the eastern Pyrenees in Southwestern Europe, Andorra–France border, bordered by France to the north and Spain to A ...
, has traditionally been the cultural and military frontier between
Christianity Christianity is an Abrahamic monotheistic religion, which states that Jesus in Christianity, Jesus is the Son of God (Christianity), Son of God and Resurrection of Jesus, rose from the dead after his Crucifixion of Jesus, crucifixion, whose ...
and
Islam Islam is an Abrahamic religions, Abrahamic monotheistic religion based on the Quran, and the teachings of Muhammad. Adherents of Islam are called Muslims, who are estimated to number Islam by country, 2 billion worldwide and are the world ...
, developing a strong tradition for military conquest and male dominance. Patriarchal traditions were readily transferred from the Iberian Peninsula to Latin America through the
encomienda The ''encomienda'' () was a Spanish Labour (human activity), labour system that rewarded Conquistador, conquerors with the labour of conquered non-Christian peoples. In theory, the conquerors provided the labourers with benefits, including mil ...
system that fostered economic dependence among women and
indigenous peoples in Brazil Indigenous peoples in Brazil or Native Brazilians () are the peoples who lived in Brazil before European contact around 1500 and their descendants. Indigenous peoples of the Americas, Indigenous peoples once comprised an estimated 2,000 distric ...
. As the largest
Roman Catholic The Catholic Church (), also known as the Roman Catholic Church, is the largest Christian church, with 1.27 to 1.41 billion baptized Catholics worldwide as of 2025. It is among the world's oldest and largest international institut ...
nation in the world, religion has also had a significant impact on the perception of women in Brazil, though over the past century the Brazilian government has increasingly broken with the Catholic Church in regard to issues related to
reproductive rights Reproductive rights are legal rights and freedoms relating to human reproduction, reproduction and reproductive health that vary amongst countries around the world. The World Health Organization defines reproductive rights: Reproductive rights ...
. Brazil is considered to possess the most organized and effective women's movement in Latin America, with visible gains having been made over the past century to promote and protect the legal and political rights of women.Fiedler, A. M., & Blanco, R. I. (2006). The Challenge of Varying Perceptions of Sexual Harassment: An International Study. Journal of Behavioral and Applied Management, 7, 274–291 Despite the gains made in
women's rights Women's rights are the rights and Entitlement (fair division), entitlements claimed for women and girls worldwide. They formed the basis for the women's rights movement in the 19th century and the feminist movements during the 20th and 21st c ...
over the past century, women in Brazil still face significant
gender inequality Gender inequality is the social phenomenon in which people are not treated equally on the basis of gender. This inequality can be caused by gender discrimination or sexism. The treatment may arise from distinctions regarding biology, psychology ...
, which is most pronounced in the rural areas of
Northeastern Brazil The Northeast Region of Brazil ( ) is one of the five official and political regions of the country according to the Brazilian Institute of Geography and Statistics. Of Brazil's twenty-six states, it comprises nine: Maranhão, Piauí, Ceará, R ...
. In 2010, the
United Nations The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...
ranked Brazil 73rd out of 169 nations based on the
Gender Inequality Index The Gender Inequality Index (GII) is an index for the measurement of gender disparity that was introduced in the 2010 Human Development Report 20th anniversary edition by the United Nations Development Programme (UNDP). According to the UNDP, this ...
, which measure women's disadvantages in the areas of
reproductive rights Reproductive rights are legal rights and freedoms relating to human reproduction, reproduction and reproductive health that vary amongst countries around the world. The World Health Organization defines reproductive rights: Reproductive rights ...
,
empowerment Empowerment is the degree of autonomy and self-determination in people and in communities. This enables them to represent their interests in a responsible and self-determined way, acting on their own authority. It is the process of becoming strong ...
and labour force participation. Women's movements in Brazil have traditionally been led and supported by
upper middle class In sociology, the upper middle class is the social group constituted by higher status members of the middle class. This is in contrast to the term '' lower middle class'', which is used for the group at the opposite end of the middle-class stra ...
women, and tend to be reformist rather than revolutionary in nature, though clear exceptions exist, most notably with regard to agrarian
land reform Land reform (also known as agrarian reform) involves the changing of laws, regulations, or customs regarding land ownership, land use, and land transfers. The reforms may be initiated by governments, by interested groups, or by revolution. Lan ...
movements. Though
suffrage Suffrage, political franchise, or simply franchise is the right to vote in public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally in English, the right to v ...
was granted to women in Brazil in the 1930s, it was not until the 1970s and onwards that a broader, more potent
women's movement The feminist movement, also known as the women's movement, refers to a series of social movements and political campaigns for radical and liberal reforms on women's issues created by inequality between men and women. Such issues are women's ...
took hold in Brazil. In 1979, the year of its publishing, Brazil signed and ratified
CEDAW The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is an international treaty adopted in 1979 by the United Nations General Assembly. Described as an international bill of rights for women, it was instituted ...
, a convention by the
United Nations The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...
that aims to eliminate all forms of discrimination against women. Women in Brazil enjoy the same legal rights and duties as men, which is clearly expressed in the 5th article of Brazil's 1988 Constitution. The
World Economic Forum The World Economic Forum (WEF) is an international non-governmental organization, international advocacy non-governmental organization and think tank, based in Cologny, Canton of Geneva, Switzerland. It was founded on 24 January 1971 by German ...
released a study indicating that Brazil had virtually eradicated gender differences in education and health treatment, but that women lagged behind in salaries and political influence. According to the Labor and Employment Ministry, women were paid 30 percent less than men. In 2005, UN Special Rapporteur Despouy noted a strikingly low level of women's representation in the judicial system, where women occupied "only 5 percent of the top posts in the judiciary and the Public Prosecutor's Office."Report on Human Rights Practices 2006: Brazil
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
Bureau of Democracy, Human Rights, and Labor The Bureau of Democracy, Human Rights and Labor Affairs (DRL) is a bureau within the United States Department of State. The bureau is under the purview of the Under Secretary of State for Civilian Security, Democracy, and Human Rights. History ...
(March 6, 2007). ''This article incorporates text from this source, which is in the
public domain The public domain (PD) consists of all the creative work to which no Exclusive exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly Waiver, waived, or may be inapplicable. Because no one holds ...
.''
Many women have been elected mayors and many women have been federal judges. The first female assumed office in the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
in 1979. Women became candidates for president for the first time in
1989 1989 was a turning point in political history with the "Revolutions of 1989" which ended communism in Eastern Bloc of Europe, starting in Poland and Hungary, with experiments in power-sharing coming to a head with the opening of the Berlin W ...
. As of 2009, 9% of the seats in the national parliament were held by women.


Suffrage movement

Women in Brazil were granted the right to vote in 1932. Though a feminist movement had existed in Brazil since the mid-nineteenth century and women did petition for suffrage to be included in the 1891 Republican Constitution, the drive towards enfranchisement only began in earnest under the leadership of feminist, biologist and lawyer,
Bertha Lutz Bertha Maria Júlia Lutz (São Paulo, August 2, 1894 – Rio de Janeiro, September 16, 1976) was a Brazilian zoologist, politician, and diplomat. Lutz became a leading figure in both the Americas, Pan American feminist movement and human rights m ...
. Following the publication of an article in leading Brazilian newspaper Revista da Semana, which called upon women to prove their worthiness to men through their achievements and organize in order to demand the right to vote, various women's organizations appeared. Lutz founded her own organization in conjunction with American suffragist
Carrie Chapman Catt Carrie Chapman Catt (born Carrie Clinton Lane; January 9, 1859#Fowler, Fowler, p. 3 – March 9, 1947) was an American women's suffrage leader who campaigned for the Nineteenth Amendment to the United States Constitution, which gave U.S. women t ...
in 1922, the Brazilian Federation for the Advancement of Women, which would become the leading suffrage organization of Brazil and was affiliated with the
International Women's Suffrage Alliance The International Alliance of Women (IAW; , AIF) is an International non-governmental organization, international non-governmental organization that works to promote women's rights and gender equality. It was historically the main international o ...
. Brazilian
suffragettes A suffragette was a member of an activist women's organisation in the early 20th century who, under the banner "Votes for Women", fought for women's suffrage, the right to vote in public elections in the United Kingdom. The term refers in part ...
were literate, professional women who made up only a small percentage of the female population in Brazil, the latter which remained largely illiterate. Hence, the campaign for suffrage was by no means a mass movement, and was decidedly moderate in nature. The conservative character of the suffrage movement provoked little resistance from government, and suffrage was declared by
Getúlio Vargas Getúlio Dornelles Vargas (; ; 19 April 1882 – 24 August 1954) was a Brazilian lawyer and politician who served as the 14th and 17th president of Brazil, from 1930 to 1945 and from 1951 until his suicide in 1954. Due to his long and contr ...
in 1932 and later confirmed in the 1934 Constitution. Two years after women's suffrage was declared in the 5th Constitution of Brazil, two women were elected to Congress, ten females were elected mayors and assemblywomen, and thirty women were made councilwomen in Brazil. Though government jobs had been available to women in the past, women had not held electoral positions until after suffrage was won and the number of women in government continued to grow throughout the twentieth century.


Constitutional rights


5th Constitution of 1934

Appointed by the Provisional Government in 1933 to draft the first page of the new Constitution,
Bertha Lutz Bertha Maria Júlia Lutz (São Paulo, August 2, 1894 – Rio de Janeiro, September 16, 1976) was a Brazilian zoologist, politician, and diplomat. Lutz became a leading figure in both the Americas, Pan American feminist movement and human rights m ...
included various provisions to promote equal rights between men and women. Not only were women granted the equal right to hold government office and earn
equal pay for equal work Equal pay for equal work is the concept of labour rights that individuals in the same workplace be given equal pay. It is most commonly used in the context of sexual discrimination, in relation to the gender pay gap. Equal pay relates to the fu ...
, but also were given preference over men in all government jobs dealing with the home, motherhood, children, and
working conditions {{Short description, 1=Overview of and topical guide to working time and conditions The following Outline (list), outline is provided as an overview of and topical guide to working time and conditions: Legislation * See :Labour law * Collective ...
for women. The preferential treatment afforded to women in regard to certain government positions was controversial at the time.


Citizens' Constitution of 1988

The Citizens' Constitution declared women equal to men in all legal respects, explicitly stating in Article 5 of Title II that "men and women have equal rights and duties under the terms of this Constitution." The National Council on Women's Rights, formed in 1975, advocated successfully on behalf of including gender conscious legislation in the new constitution. Deere, Carmen Diana. Empowering Women: Land and Property Rights in Latin America. Pittsburgh: University of Pittsburgh Press, 2001. At the suggestion of the Council, a clause was added to the document announcing that land distributed by
agrarian reform Land reform (also known as agrarian reform) involves the changing of laws, regulations, or customs regarding land ownership, land use, and land transfers. The reforms may be initiated by governments, by interested groups, or by revolution. Lan ...
could be assigned and titled "in the name of the man, woman, or both, independent of civil status." This was the first time in Brazilian history that women could legally be named beneficiaries of
agrarian reform Land reform (also known as agrarian reform) involves the changing of laws, regulations, or customs regarding land ownership, land use, and land transfers. The reforms may be initiated by governments, by interested groups, or by revolution. Lan ...
measures. The 1988 constitution also declared for the first time that urban and rural women and men had the same rights to
social security Welfare spending is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specifically to social insurance ...
benefits. Dore, Elizabeth. Gender Politics in Latin America: Debates in Theory and Practice. New York: Monthly Review Press, 1997. Despite the declaration of such rights, as of 2000, institutions had not been established to enable or enforce
gender equality Gender equality, also known as sexual equality, gender egalitarianism, or equality of the sexes, is the state of equal ease of access to resources and opportunities regardless of gender, including economic participation and decision-making, an ...
in land reform. Furthermore, the Constitution promised "....protection of the labour market for women through specific incentives, as provided by law", and established a minimum required
maternity leave Parental leave, or family leave, is an employee benefit available in almost all countries. The term "parental leave" may include maternity, paternity, and adoption leave; or may be used distinctively from "maternity leave" and "paternity leave ...
of one hundred and twenty days and the introduction of
paternity leave Parental leave, or family leave, is an employee benefit available in almost all countries. The term "parental leave" may include maternity, paternity, and adoption leave; or may be used distinctively from "maternity leave" and "paternity leave ...
.


Economic rights

Export agriculture and largely feminized labor forces in Latin America has expanded significantly in the last three decades. Research has illustrated how farms in northeast Brazil purposefully construct gendered divisions of labor and how women often experience worse pay and conditions than men. According to The World Bank, 42% of people employed in the non-agricultural sector were women. The law provides 120 days of paid maternity leave to women and seven days to men. The law also prohibits employers from requiring applicants or employees to take pregnancy tests or present sterilization certificates, but some employers sought sterilization certificates from female job applicants or tried to avoid hiring women of childbearing age. Violations of the law are punishable by jail terms for employers of up to two years, while the company may be fined 10 times the salary of its highest-paid employee. Sexual harassment is a criminal offense, punishable by up to two years in jail. The law encompasses sexual advances in the workplace or in educational institutions and between service providers or clients. In the workplace it applies only in hierarchical situations, where the harasser is of higher rank or position than the victim. Although the legislation exists and was enforced, accusations remained rare, and the extent of the problem was not documented.


Property rights

Though women possess significant
property rights The right to property, or the right to own property (cf. ownership), is often classified as a human right for natural persons regarding their Possession (law), possessions. A general recognition of a right to private property is found more rarely ...
under the current Brazilian Constitution, de facto inheritance and land reform regimes undermine women's ability to acquire and retain property in Brazil. Under the
Civil Code A civil code is a codification of private law relating to property law, property, family law, family, and law of obligations, obligations. A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdiction ...
of Brazil, married women could not lawfully acquire or possess their own property until 1962.Crake, Nikki, and Maxine Molyneux. Gender and the Politics of Rights and Democracy in Latin America. New York: Palgrave, 2002. The
inheritance law Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Offici ...
differs based on
matrimonial regimes Matrimonial regimes, or marital property systems, are systems of property ownership between spouses providing for the creation or absence of a marital estate and if created, what properties are included in that estate, how and by whom it is mana ...
, of which there are four: Partial Property Ruling (Comunhão Parcial), Community Property Ruling (Comunhão de Bens), Separate Property Ruling (Separação de Bens), Final Partition of Acquisitions (Participação Final dos Aquestos). These were unfavorable to women, although they have been reformed in the 21st century. The regimes have been criticized as positioning widows as mere custodians of property for children, rather than legitimate property owners. Indeed, studies show that a woman's ability to exercise her right to inherited property is largely influenced by whether she is viewed as a potential agriculturalist. Women are often denied access to inherited property because they do not inherit from their fathers and are not recognized as worthy heads of productive units. Though consensual unions were recognized by the 1988 Constitution, women in consensual unions were not endowed with the same inheritance rights as married women until 1994. With the return to civilian rule in 1985, President
José Sarney José Sarney de Araújo Costa (; born José Ribamar Ferreira de Araújo Costa; 24 April 1930) is a Brazilian politician, lawyer, and writer who served as the 31st president of Brazil from 1985 to 1990. He briefly served as the 20th vice presiden ...
made the more equitable distribution of land one of his attested objectives, issuing a directive to the Ministry of Agrarian Reform and Land Development in 1986 urging that beneficiaries of land be chosen "independently of sex." In conjunction with the democratic opening of the 1980s, a
rural women Rural women play a fundamental role in rural communities around the world providing care and being involved in number of economic pursuits such as subsistence farming, petty trading and off-farm work. In most parts of the world, rural women work v ...
's movement emerged with calls for inclusion of women in rural unions and guarantee of social security benefits, such as paid
maternity leave Parental leave, or family leave, is an employee benefit available in almost all countries. The term "parental leave" may include maternity, paternity, and adoption leave; or may be used distinctively from "maternity leave" and "paternity leave ...
and retirement pensions, for rural women. The National Confederation of Agricultural Workers (CONTAG), which is the largest organization of agricultural workers in Brazil, tackled women's rights for the first time during its fourth congress in 1985, when it decided to extend membership to more women and actively work to end
gender discrimination Sexism is prejudice or discrimination based on one's sex or gender. Sexism can affect anyone, but primarily affects women and girls. It has been linked to gender roles and stereotypes, and may include the belief that one sex or gender is in ...
. Demands for more equitable agrarian property rights, championed by organizations such as the Central Workers' Union, the Ministry of Agriculture, the National Women's Council led to agrarian reform measures in the 1988 Constitution. Grievances regarding equal land distribution in Brazil continued, evident in the Marcha da Margaridas of 2000, in which over fifteen thousand women marched on the capital to demand joint allocation of land to couples, rather than just men. The 2003 Civil Code improved women's rights, providing for gender equality in the acquisition, management, and administration of property brought into the union or acquired after marriage.USAID Land Tenure. Brazil Profile
usaidlandtenure.net
However customary rules continue to be applied in practice, especially in rural areas, undermining women's property rights.


Employment and contracts

Though large segments of the female population remained illiterate through the turn of the century, a growing number of middle-class women began to pursue higher education and work outside of the home. Many early female workers found employment in schools, government and commercial offices. The formation of the Union of Professional Women in the 1920s, which embraced university and professional women, played a large role in the suffrage movement. By 1936, over a million Brazilian women worked outside the home, which led to changing perceptions of women's family roles and a remodeling of the nation's commercial usages. Despite the growing number of women in the workforce, women's employment remained highly segregated based on perceptions of appropriate work for women. Up until the 1950s,
domestic service A domestic worker is a person who works within a residence and performs a variety of household services for an individual, from providing cleaning and household maintenance, or cooking, laundry and ironing, or care for children and elderly ...
was the largest category of female employment, with most other women engaged in government bureaucracy, social services, as well as other informal labor. Women's
labor rights Labor rights or workers' rights are both legal rights and human rights relating to labor relations between workers and employers. These rights are codified in national and international labor and employment law. In general, the ...
were not fully addressed until 1978, with the passage of a law declaring that women be paid equally for equal work, which was confirmed in the 1988 Constitution. Working-class women began to organize on behalf of women's issues in the 1970s. Working-class women's organizations, such as the Housewives' Association of São Paulo and the Mothers' Club of São Paulo, became increasingly important arenas for women to express grievances with regard to informal
care work Care work includes all tasks directly involving the care of others. The majority of care work is provided without any expectation of immediate pecuniary reward. Instead, it is undertaken out of affection, social norms or a sense of responsibility ...
and the cost of urban living. Women's involvement and leadership among unions have been less successful, as is the case in other Latin American countries. The first Congress of Female Metalworkers of São Paulo, held in 1978, was harassed and threatened by employers to the extent that only 300 of the 800 women who had signed up actually attended to conference. Current female participation in the Brazilian labor market is 65 percent for women compared to 85 percent for men. Domestic workers have become increasingly organized through global professional networks and trade unions, though domestic labor remains a significant, and vastly under-regulated, form of work for women.


Prostitution and sex workers' rights

Though the exchange of money for sex is legal in Brazil, it is illegal to operate a brothel or employ prostitutes and such offenses are punishable by up to five years in jail.
Prostitution Prostitution is a type of sex work that involves engaging in sexual activity in exchange for payment. The definition of "sexual activity" varies, and is often defined as an activity requiring physical contact (e.g., sexual intercourse, no ...
is not considered a profession and hence sex workers do not have labor rights. Fernando Gabeira, founder of the
Green Party A green party is a formally organized political party based on the principles of green politics, such as environmentalism and social justice. Green party platforms typically embrace Social democracy, social democratic economic policies and fo ...
, recently introduced a piece of legislation to Congress to establish prostitution as a recognized profession, however the bill was defeated in 2007. The Center for the Study of Prostitution (NEP), which is supported by the
United States Agency for International Development The United States Agency for International Development (USAID) is an agency of the United States government that has been responsible for administering civilian foreign aid and development assistance. Established in 1961 and reorganized in 1998 ...
(USAID) and Brazil's National Network of Sex Professionals, continues to advocate on behalf of the recognition of prostitution as a profession under standard labor and social security laws. These organizations have played a significant role in public health initiatives aimed at preventing and treating
HIV/AIDS The HIV, human immunodeficiency virus (HIV) is a retrovirus that attacks the immune system. Without treatment, it can lead to a spectrum of conditions including acquired immunodeficiency syndrome (AIDS). It is a Preventive healthcare, pr ...
. Carmen Lucia Paz, a former prostitute and researcher at NEP, has become one of the most vocal champions of sex worker rights in Brazil.


Education

As far as education is concerned, the
literacy rate Literacy is the ability to read and write, while illiteracy refers to an inability to read and write. Some researchers suggest that the study of "literacy" as a concept can be divided into two periods: the period before 1950, when literacy was ...
for women is similar to that of men. The literacy rate (defined as 15 years of age or older with the ability to read and write) was estimated in 2010 as 90.7% female and 90.1% male. Women already represent more than a majority in many of the college courses. In the areas of Health and Human Sciences, they account for 66% and 71% of all students, respectively. As a whole, 53% of all Brazilians who are in universities are women. The progress in education for women started some decades ago. Since the 1930s women have had a higher number of years in school, on average, than men when it refers to the lower levels of scholarity. Since the 1970s, they surpassed men in the higher levels. Until the mid-to-late nineteenth century, education for girls focused on domestic skills.Lind, pg. 87. In 1879, Brazilian institutions of higher learning admitted upper-class, mostly urban, white women- while the rest of the female population remained illiterate. Currently the literacy rates between men and women are relatively proportionate to the population and the level of education of women is now greater than that of men. In 1970, there were approximately 19,000 women professionals in Brazil, including engineers, architects, dentists, economists, professors, lawyers, and doctors. By 1980, there were about 95,800 women in these fields.Winter. At both the undergraduate and graduate levels, psychology, literature, and arts classes are composed almost entirely of women, in contrast to agriculture and national defense courses, in which extremely low numbers of women are enrolled.Neft, Naomi; Levine, Ann D. (1997). Where Women Stand: An International Report on the Status of Women in 140 Countries. Random House. pp. 210–220.


Family


Marriage

The legal minimum age for marriage without parents assistance is 18 for both women and men. The average age at first marriage is 22.6 years for women and 25.3 years for men. In the past, under Brazil's civil code, the husband was the legal head of the family, with complete authority over children and family decisions. Nowadays things are different, in the first article of Civil Code Article of 2002 the new direction is demonstrated by the replacement of the expression "everyman" for "everyone". The legislature recognized that civil now a consensus that both, man and woman shall enjoy the same privileges and responsibilities towards the society, therefore, are equally responsible, or is obliged, in proportion to their property, and the support of the charges family and children's education. They also have the option to add the surname of male to female or the female in the male. It is not mandatory. Through marriage, man and woman mutually assume the condition spouses, among these duties are loyalty, which is maintaining monogamous relationship, mutual fidelity, living together in the marital home; mutual assistance; support, custody and education of children; mutual respect and consideration.


Divorce

Divorce became legal in Brazil in 1977, with the law permitting each person only one divorce in a lifetime and only after a three -year legal or five-year de facto separation. This condition was lifted in 1988.


Religion and spirituality

Women have been suppressed and excluded from participation in public activity in Roman Catholic institutions in Brazil. It has been a history of limitations, but with an exception: women, particularly those of indisputable African lineage, have dominated the syncretistic Afro-Brazilian religious groups. There are Afro-Brazilian religions that combine elements of African tribal religions, Amerindian religions, Catholicism, and Kardecism (French Spiritism) that are women centered.Burn, Shawn Meghan. ''Women Across Cultures''. 2nd ed. New York, NY: McGraw-Hill, 2005. Print. The main features include curing and public rituals in which female mediums are possessed by spirits. These religions coexist with Catholicism.


Reproductive rights

Reproductive rights are a critical issue in Brazil. Major health problems have been caused by back-street abortions and attempts to make sterilization the main form of contraception for women.Caipora Women's Group. ''Women in Brazil''. London: Latin America Bureau (Research and Action), 1993. Print. The oldest and largest foreign-funded private organization with a population control program is the Family Welfare in Brazil (BEMFAM), which is funded by the
International Planned Parenthood Federation The International Planned Parenthood Federation (IPPF) is a global non-governmental organisation with the broad aims of promoting sexual and reproductive health, and advocating the right of individuals to make their own choices in family planni ...
. While adult prostitution is legal, various associated activities, such as operating a brothel, are illegal. While no specific laws address sex tourism, it is punishable under other criminal offenses, such as pedophilia and corruption of minors. The government released a "code of conduct to combat sex tourism and sexual exploitation" and conducted campaigns in the most affected areas. The states of
Pernambuco Pernambuco ( , , ) is a States of Brazil, state of Brazil located in the Northeast Region, Brazil, Northeast region of the country. With an estimated population of 9.5 million people as of 2024, it is the List of Brazilian states by population, ...
,
Espírito Santo Espírito Santo (; ) is a state in southeastern Brazil. Its capital is Vitória, and its largest city is Serra. With an extensive coastline, the state hosts some of the country's main ports, and its beaches are significant tourist attracti ...
, Amazonas and
Paraná Paraná, Paranã or Parana may refer to: Geology * Paraná Basin, a sedimentary basin in South America Places In Argentina *Paraná, Entre Ríos, a city * Paraná Department, a part of Entre Ríos Province In Brazil *Paraná (state), a state ...
and the Federal District enacted laws requiring certain businesses to display signs listing the penalties for having intercourse with a minor.
Rio de Janeiro Rio de Janeiro, or simply Rio, is the capital of the Rio de Janeiro (state), state of Rio de Janeiro. It is the List of cities in Brazil by population, second-most-populous city in Brazil (after São Paulo) and the Largest cities in the America ...
and
Bahia Bahia () is one of the 26 Federative units of Brazil, states of Brazil, located in the Northeast Region, Brazil, Northeast Region of the country. It is the fourth-largest Brazilian state by population (after São Paulo (state), São Paulo, Mina ...
states had previously enacted similar legislation. Women's groups reported that prostitutes encountered discrimination when seeking free medical care. Trafficking of women for the purpose of prostitution is a serious problem, and it is known that international criminal groups and mafias are involved in this activity.


Contraception

Until the legalization of contraceptives in the early twentieth century, Brazilian law placed
contraception Birth control, also known as contraception, anticonception, and fertility control, is the use of methods or devices to prevent pregnancy. Birth control has been used since ancient times, but effective and safe methods of birth control only be ...
,
abortion Abortion is the early termination of a pregnancy by removal or expulsion of an embryo or fetus. Abortions that occur without intervention are known as miscarriages or "spontaneous abortions", and occur in roughly 30–40% of all pregnan ...
and immorality in the same classification. Three factors that have impacted contraceptive laws on Brazil are the influence of the
Catholic Church The Catholic Church (), also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.27 to 1.41 billion baptized Catholics Catholic Church by country, worldwid ...
, the legacy of Iberian culture, and the historically conservative approach to the status of women in Latin America. Bem-Estar Familiar no Brasil (BEMFAM), which is funded by the
International Planned Parenthood Federation The International Planned Parenthood Federation (IPPF) is a global non-governmental organisation with the broad aims of promoting sexual and reproductive health, and advocating the right of individuals to make their own choices in family planni ...
, is the leading NGO in the country dedicated to family planning. A laissez-faire attitude adopted on the part of the Brazilian government in the 1960s has led to the predominance of private organizations in the provision of
family planning Family planning is the consideration of the number of children a person wishes to have, including the choice to have no children, and the age at which they wish to have them. Things that may play a role on family planning decisions include marit ...
services. The government has taken measure to extend planning to poorer Brazilians by subsidizing birth control pills and sterilization at government clinics. The current birth rate in Brazil is at a replacement rate of about 2.18 births per woman estimated for the year 2011. Brazil has witnessed one of the most dramatic reductions in family size in modern history in part due to increased access to family planning services. Indeed, the
fertility rate The total fertility rate (TFR) of a population is the average number of children that are born to a woman over her lifetime, if they were to experience the exact current age-specific fertility rates (ASFRs) through their lifetime, and they were t ...
in Brazil has steadily decreased over the past four decades due in some measure to the growing use of contraceptives, sterilization and abortion.


Sterilization

Sterilization has become increasingly popular in Brazil since it became legal and free for women over 25 in 1996, and is regulated by the Health Ministry. It had already been a popular practice among poor communities before the legalization of sterilization, and was practiced in private clinics. In 1994, over sixty percent of women in
Goiás Goiás () is a Brazilian States of Brazil, state located in the Central-West Region, Brazil, Central-West region. Goiás borders the Federal District (Brazil), Federal District and the states of (from north clockwise) Tocantins, Bahia, Minas Ge ...
, and over seventy percent of women in
Maranhão Maranhão () is a States of Brazil, state in Brazil. Located in the country's Northeast Region, Brazil, Northeast Region, it has a population of about 7 million and an area of and it is divided into 217 municipalities. Clockwise from north, it ...
and
Mato Grosso Mato Grosso ( – ) is one of the states of Brazil, the List of Brazilian states by area, third largest by area, located in the Central-West Region, Brazil, Central-West region. The state has 1.66% of the Brazilian population and is responsible ...
were sterilized. After the 1996 law, sterilization became part of the
population control Population control is the practice of artificially maintaining the size of any population. It simply refers to the act of limiting the size of an animal population so that it remains manageable, as opposed to the act of protecting a species from ...
policy of the Brazilian government.Caetano, André J. and Joseph E. Potter. ''Politics and Female Sterilization in Northeast Brazil.'' Population and Development Review. Vol. 30, No. 1 (Mar., 2004), pp. 79–108 Though some view sterilization as an inexpensive form of birth control and a useful tool in population control, others see the mass use of sterilization in Brazil as contrary to promoting women's choices in contraceptive use. Sterilization is most common among
Afro-Brazilians Afro-Brazilians (; ), also known as Black Brazilians (), are Brazilians of total or predominantly Sub-Saharan African ancestry. Most multiracial Brazilians also have a range of degree of African ancestry. Brazilians whose African features are mo ...
in the Northeast of the country who are too poor to afford other types of contraception and uneducated on the long term consequences of sterilization. Scholars such as Andre Caetano and Joseph E. Potter claim that sterilization has been used as a political means of garnering votes while controlling population growth among poor, minority populations. The prevalence of female sterilization in Brazil is among the highest in the world. The most widely used method of contraception in 1996, relied on by 40% of women in union, was female sterilization. This single method was responsible for more than half (52%) of all contraceptive use in Brazil. The only other method used by a considerable proportion of women was the pill (21%). According to a 1996 study, "sterilized women who were young at the time they had the surgery and those who had limited knowledge of sterilization and other contraceptive options are more likely than other women to seek a reversal of the procedure." A 2003 study in
Campinas Campinas (, ''Plains'' or ''Meadows'') is a Brazilian Municipalities of Brazil, municipality in São Paulo (state), São Paulo State, part of the country's Southeast Region, Brazil, Southeast Region. According to the 2020 estimate, the city's popul ...
concluded that "in order to reduce the number of young women who choose surgical sterilization over equally effective, but reversible methods, it is necessary to act early in life."


Abortion

Abortion Abortion is the early termination of a pregnancy by removal or expulsion of an embryo or fetus. Abortions that occur without intervention are known as miscarriages or "spontaneous abortions", and occur in roughly 30–40% of all pregnan ...
is illegal in Brazil except for the case of rape, when the mother's life is in danger or in cases of fetuses with anencephaly which was recently adapted in 2012. Though abortions are against the law, it is estimated that over one million abortions are performed in Brazil each year, though data on abortion incidence is not systemically collected. Over two hundred thousand women are treated for abortion complications each year in Brazilian hospitals. The punishment for a woman performing an abortion on herself or consenting to an abortion is one to three years of imprisonment. The punishment for those performing abortions is one to four years of imprisonment, and this number increases by one-third if harm is caused to the women or one-half if the abortion leads to the death of the woman. Feminist movement activists go on the streets since June 4, 2011 to protest against the law that makes abortion illegal. The protest is called "Marcha Das Vadias" which was inspired by the Canadian protest that took place in Toronto, Canada two months prior with the same intents. The new President Jair Bolsonaro elected on October 28, 2018 chose the pastor Damares Alves as the Minister of Women, Family and Human's Rights of Brazil. Alves claims the new government wishes a Brazil a "country without abortions" but the previous exceptions will not be changed. In early August 2020, a 10-year-old girl discovered that she was pregnant after being repeatedly raped for 4 years by her uncle. The pregnancy's threat to her life led the girl's parents to decide upon aborting the child. According to Brazilian law, abortion is legal, in cases of rape & when the mother's life is in danger However, taking court's permission beforehand is necessary. The anti-abortion activist published the girl's name and hospital's name which agreed to do the abortion. The protestors then blocked the hospital from being accessed and harassed the hospital staff. However, the girl finally succeeded in reaching the hospital, hiding in a truck and got the abortion performed on 17 August 2020.


Rape and sexual violence


Sexual harassment

Views on
sexual harassment Sexual harassment is a type of harassment based on the sex or gender of a victim. It can involve offensive sexist or sexual behavior, verbal or physical actions, up to bribery, coercion, and assault. Harassment may be explicit or implicit, wit ...
in Brazil have been influenced by both culture and sexual harassment laws, making for a disconnect between official regulations and general attitudes. Researcher Rebecca Merkin found that unlike their American counterparts, Brazilian women do not express decreased job satisfaction when faced with sexual harassment, illuminating the greater acceptability of sexual harassment in Brazil as compared to the United States.Merkin, R. "South American perspectives on sexual harassment: The standpoint in Argentina, Brazil, and Chile", Journal of Behavioral and Applied Management, 10. 2009, 357–376. Following the passage of the 1988 Constitution, a law was passed in 1991 outlawing sexual harassment and making it a crime punishable by a fine of up to $20,000. In 2001, a contentious law was passed under the civil code raising the punishment for sexual harassment to one to two years of jail time. Despite the presence of strict regulations, Brazil has one of the worst reputations in the world in terms of the harassment of women in the workplace and in the home. Fiedler and Blanco assert that men rarely follow sexual harassment laws, and that few sexual harassment cases have been brought to trial in Brazil. In 2015 Brazil was stated as the sixth most violent country when the subject is rape. It is only behind El Salvador, Honduras, Venezuela, Jamaica, Trinidad and Tobago.


Age of consent and statutory rape

The age of consent in Brazil is 14, regardless of gender or sexual orientation and any type of sexual activity is permitted after the age of 18.
Statutory rape In common law jurisdictions, statutory rape is nonforcible sexual activity in which one of the individuals is below the age of consent (the age required to legally consent to the behaviour). Although it usually refers to adults engaging in sex ...
can only be committed by those above the age of 18, and is punishable by 8 to 15 years imprisonment. However, according to US State Department, men who have killed, sexually assaulted, or committed other crimes against women are unlikely to be brought to trial. Brazil has recently overtaken Thailand as the world's most popular destination for
sex tourism Sex tourism is the practice of traveling to foreign countries, often on a different continent, with the intention of engaging in sexual activity or relationships, in exchange providing money or lifestyle support. This practice predominantly oper ...
, which involves travel for the purpose of engaging in sexual activity with prostitutes. Sex tourism is most common in the Northeast of Brazil, especially in the city of
Fortaleza Fortaleza ( ; ; ) is the state capital of Ceará, located in Northeast Region, Brazil, Northeastern Brazil. It is Brazil's 4th largest city—Fortaleza surpassed Salvador, Bahia, Salvador in 2022 census with a population of slightly over 2.4 mi ...
, where
child prostitution Child prostitution is prostitution involving a child, and it is a form of commercial sexual exploitation of children. The term normally refers to prostitution of a minor, or person under the legal age of consent. In most jurisdictions, child ...
is rampant. While no specific laws address sex tourism, it is punishable under other criminal offenses, such as pedophilia and corruption of minors. The government released a "code of conduct to combat sex tourism and sexual exploitation" and conducted campaigns in the most affected areas, which are predominantly in the Northeastern region of the country. The states of Pernambuco, Espirito Santo, Amazonias, Parana and the Federal District enacted laws requiring certain businesses to display signs listing the penalties for having intercourse with a minor.


Domestic violence

Between 10 and 15 women are murdered per day in Brazil. A government sponsored study found that 41,532 women were murdered in Brazil between 1997 and 2007.
Domestic violence Domestic violence is violence that occurs in a domestic setting, such as in a marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes r ...
was not a part of the Brazilian criminal code until 2006, when the federal criminal domestic violence code was passed by President Lula.Roure, Jody G. "Domestic Violence in Brazil: Examining Obstacles and Approaches to Promote Legislative Reform" Columbia Human Rights Law Review. Vol. 41 No. 67. Fall 2009 The Law of Domestic and Family Violence was the first official codification of domestic violence crimes, and tripled the previous punishments associated with domestic violence. Brazil's adoption of the domestic violence code was mainly influenced by its participation in the
Convention on the Elimination of All Forms of Discrimination against Women The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is an international treaty adopted in 1979 by the United Nations General Assembly. Described as an international bill of rights for women, it was instituted ...
(CEDAW), the urging of the international legal community, and the tenacity of local grassroots movements. The formation of women's police units and a federally funded hotline to serve victims of gender violence have significantly advanced the protections offered to women in Brazil, though domestic violence in Brazil remains prevalent and thus a major obstacle in attaining equal rights for women. In 2015, Brazil enacted a law against
femicide Femicide or feminicide is the intentional murder of women or girls because of their gender.Shalva Weil, "Femicide Across Europe: Research and prevention of femicide across Europe". Research Gate, October 2018. In domestic fields, 50% percent o ...
.


Sports

It was illegal for women to play football in Brazil from 1941 to 1979.


Racial differences

There are serious and controversial issues about differences in the situation of women with different races and ethnicities in Brazil. As a whole, black and Amerindian women enjoy considerably less quality of life than white women, with this being a reflection of the general characteristics of the social and economic gap that has separated social classes in
Brazil Brazil, officially the Federative Republic of Brazil, is the largest country in South America. It is the world's List of countries and dependencies by area, fifth-largest country by area and the List of countries and dependencies by population ...
for centuries, thus not indicating any specific problem about gender and women's rights. Black women's life expectancy in 2004 was 69.52 years, while white women could expect to live 73.80 on average. However, there is, at least apparently, no legal or institutional circumstance that generates those ethnic differences, but lower standards of life have always been related to a much larger percentage of
mulatto ( , ) is a Race (human categorization), racial classification that refers to people of mixed Sub-Saharan African, African and Ethnic groups in Europe, European ancestry only. When speaking or writing about a singular woman in English, the ...
, black and
Amerindian In the Americas, Indigenous peoples comprise the two continents' pre-Columbian inhabitants, as well as the ethnic groups that identify with them in the 15th century, as well as the ethnic groups that identify with the pre-Columbian population of ...
people in
Brazil Brazil, officially the Federative Republic of Brazil, is the largest country in South America. It is the world's List of countries and dependencies by area, fifth-largest country by area and the List of countries and dependencies by population ...
, as in many other countries. In the last years, there is a tendency of soft decrease in Brazil's racial inequality.


Human rights

The
human rights Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...
movement has had a significant impact on the women's rights movement since the 1970s, when the human rights emerged as an ideology and practice of development. Hence, the women's movement in Brazil has often been understood in the larger context of a push towards greater political participation and socioeconomic equality. Since the explosion of human rights, women's movements in Brazil have become more connected with broader political issues, and have been articulated within the context of more general social issues related to
democratization Democratization, or democratisation, is the structural government transition from an democratic transition, authoritarian government to a more democratic political regime, including substantive political changes moving in a democratic direction ...
and
socioeconomic inequality Economics () is a behavioral science that studies the production, distribution, and consumption of goods and services. Economics focuses on the behaviour and interactions of economic agents and how economies work. Microeconomics analyses ...
. Most of those women involved in the feminist movement of the 1970s were also involved in other political movements, such as the
human rights Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...
movement, and the formation of leftist political parties. The
Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says that it has more than ten million members a ...
movement was one that gained much support from feminists, evident in the establishment of the Feminine Movement for Amnesty of the 1970s. At the same time, feminist movements have attempted to maintain balance between their specific goals and wider political demands. Despite the influence of the human rights movement upon women's movements in Brazil, women's rights were not internationally recognized as human rights until the 1993
World Conference on Human Rights The World Conference on Human Rights was held by the United Nations in Vienna, Austria, on 14 to 25 June 1993. It was the first human rights conference held since the end of the Cold War. The main result of the conference was the Vienna Declaratio ...
, held by the United Nations in
Vienna Vienna ( ; ; ) is the capital city, capital, List of largest cities in Austria, most populous city, and one of Federal states of Austria, nine federal states of Austria. It is Austria's primate city, with just over two million inhabitants. ...
.http://www.unfpa.org/rights/women/htm


Key activists and organizations

* Nísia Floresta *
Bertha Lutz Bertha Maria Júlia Lutz (São Paulo, August 2, 1894 – Rio de Janeiro, September 16, 1976) was a Brazilian zoologist, politician, and diplomat. Lutz became a leading figure in both the Americas, Pan American feminist movement and human rights m ...
* Brazilian Federation for the Advancement of Women * Carmen Lucía Paz * National Council on Women * Feminine Movement for Amnesty * Center for the Development of Brazilian Women * Union of Professional Women * Brazilian Women's Center * Family Welfare in Brazil (BEM-FAM) * National Confederation of Agricultural Workers (CONTAG) * Center for the Study of Prostitution (NEP) * Brazil's National Network of Sex Professionals


See also

* Feminism in Brazil * Ele Não movement – 2018 demonstrations against
Jair Bolsonaro Jair Messias Bolsonaro (; born 21 March 1955) is a Brazilian politician and former military officer who served as the 38th president of Brazil from 2019 to 2023. He previously served as a member of Brazil's Chamber of Deputies (Brazil), Chamb ...
's presidential campaign


References


External links

{{South America topic, Women's rights in, titlestyle = background:#FFCBDB * Women in Brazil Feminism in Brazil