Brazilian court rules in favour of student who said transgender women ‘obviously born male’

A Brazilian veterinary student has been vindicated by a Federal Regional Court which ruled that she has no case to reply over online posts stating that transgender women “were obviously born male”.

Isadora Borges made her comments on X in 2020. She also posted, “A one that identifies as transgender retains their birth DNA. No surgery, synthetic hormone, or clothing change will change this fact…”

Her posts drew the ire of Brazilian transgender politician Erika Hilton, who went to the police alleging “transphobia”.

In 2019 the Supreme Federal Tribunal declared that “homophobia” and “transphobia” are akin to crimes of racism. Had Borges been found guilty, she would have faced as much as five years in jail.

However, the Federal Regional Court of the fifth Circuit unanimously declared that every one charges can be dismissed and the case closed. The court said that Borges’ comments contained no hostility or threats to any transgender individuals, nor was there any incitement to violence.

Borges, who was supported by ADF International, said, “The court’s decision brings me great relief and hope that free speech shall be protected in Brazil. The truth matters. Stating biological facts in a post should never end in prison time. All Brazilians need to speak freely and stand for what they consider in, even when their views differ from those in power.”

ADF said it hoped the case would act as a precedent that will help protect freedom of speech in Brazil. The group noted that lately a variety of cases have been brought against individuals who have voiced traditional viewpoints on questions of sex and gender, thanks largely to the 2019 decision by the Supreme Federal Tribunal.

Julio Pohl, legal counsel at ADF International, said, “We commend the court for its decision in Isadora’s favour. This is a promising win for freedom of speech in Brazil, but this never must have happened in the primary place.

“Even when charges are dismissed, the effect of this sort of censorial overreach is to sit back speech across the whole country as people watch what they are saying for legitimate fear of criminal prosecution.

“Censorship cases just like Isadora’s are ongoing and continuing to emerge in Brazil. We must proceed to thrust back against the rampant censorship now we have seen within the country, until no Brazilian fears being punished for peaceful expression.”