Brazilian federal court acquits student in gender identity speech case

The Federal Regional Court of the 5th District of Brazil unanimously dismissed the criminal case against veterinary student Izadora Borges. The girl was accused of «transphobia» because of her statements on social network X, in which she claimed that transgender women biologically remain men.

According to Christian Today, the incident took place back in 2020. Borges published a post in which she stated that «a person who identifies as transgender retains their DNA at birth,» and no amount of medical intervention will change that fact. These words sparked a protest from Brazilian politician Erica Hilton, who filed a police report. According to a 2019 ruling by the Supreme Federal Tribunal, such remarks could amount to racist offenses, which threatened the student with up to five years in prison.

The court found that Borges’ publications lacked signs of hostility, threats or incitement to violence against transgender individuals. In their decision, the judges emphasized the right to free expression. Isadora Borges, who was represented by human rights organization ADF International, expressed relief at the verdict, saying, «Truth matters. The statement of biological facts in a post should never lead to a prison sentence.»

Despite the court victory, human rights activists from ADF International have expressed concern about the rise of censorship in Brazil. Legal counsel Julio Paul noted that such harassment makes citizens fear criminal prosecution for expressing traditional views, creating a «chilling effect» for free speech across the country. The organization intends to continue its fight against undue restrictions on freedom of expression in the region.