Yesterday, a Brazilian Federal Regional Court ruled in favor of Isadora Borges, a veterinary student charged with “transphobia” for her social media posts. Under these charges, Borges faced a potential prison sentence of four to 10 years for content posted to X (then Twitter) in 2020.
The Federal Regional Court of the 5th Circuit unanimously decided to dismiss all charges and close the case. In its reasoning, the Court stated that Borges’ X comments did not contain any attack, threat, or hostility towards individuals who identify as “transgender,” nor did they incite violence, lacking the intentional element required in criminal law to sustain a conviction for “transphobia”.
“The court’s decision brings me great relief and hope that free speech will be protected in Brazil,” said Borges. “The truth matters. Stating biological facts in a post should never result in prison time. All Brazilians deserve to speak freely and stand for what they believe in, even if their views differ from those in power.”
With this decision, the Court sets an important legal precedent that opinions, such as those shared by Borges, are not grounds for criminal charges for “transphobia”.
This is the first time that a federal court in Brazil has been called upon to decide on the merits of the criminalization of speech based on a “transphobia” accusation.
“We commend the court for its decision in Isadora’s favor. This is a promising win for freedom of speech in Brazil, but this never should have happened in the first place. Even when charges are dismissed, the effect of this kind of censorial overreach is to chill speech across the entire country as people watch what they say for legitimate fear of criminal prosecution,” said Julio Pohl, legal counsel at ADF International.
“Censorship cases similar to Isadora’s are ongoing and continuing to emerge in Brazil. We must continue to push back against the rampant censorship we have seen in the country, until no Brazilian fears being punished for peaceful expression.”
Background
In November 2020, Borges made two posts on X (then Twitter), peacefully expressing her views on gender ideology. One comment stated that “transgender” women “were obviously born male.” Another stated: “A person who identifies as transgender retains their birth DNA. No surgery, synthetic hormone, or clothing change will change this fact…”
Her comments quickly gained attention online, and prompted Erika Hilton, a self-described “transgender” politician, to report Borges for “transphobia” to the federal police. Hilton was recently elected as president of Brazil’s Women’s Rights Defense Commission (a congressional committee), an act that further exemplifies the spread of gender ideology with a male assuming a key role intended for a woman.
In September 2025, Borges was notified of the criminal charges brought against her. She was accused of two counts of “transphobia,” with each count carrying a punishment of two to five years in prison.
At a hearing in February 2026, the judge indicated that the comments appeared to reflect personal opinions rather than discriminatory intent and granted the defence five days to submit written conclusions, allowing for further consideration of the legal and factual issues before any decision was made.
In a parallel process, Borges’ legal team filed a habeas corpus defense before the Federal Regional Court of the 5th Circuit, asking the court to review whether the prosecution and the decision of the lower court judge could proceed. With yesterday’s judgment by the Regional Court, the lower court case is rendered moot.
ADF International provided legal support to Borges in defense of her fundamental right to freedom of expression and that of all Brazilians.
Growing Pattern of Censorship in Brazil
Since a 2019 ruling by Brazil’s Supreme Federal Tribunal equated “homophobia” and “transphobia” with the crime of racism, without legislation passed by Congress, individuals across Brazil increasingly have faced criminal investigations and prosecutions for peaceful expression.
In 2025, social media influencer Isabella Cepa faced criminal investigations for her online post about gender ideology. Similarly, Nine Borges (not related to Isadora Borges) is under criminal investigation for “transphobia” for content posted to Instagram.
In another case, Pastor Douglas Baptista faced criminal charges for authoring a book with a Christian view of sexuality. Charges in his case were dropped, but they remain evidence of the broader, chilling trend of government efforts in Brazil to censor peaceful online expression.
ADF International also represents five Brazilian legislators (Senator Eduardo Girao and members of the Chamber of Deputies Marcel Van Hattem, Adriana Ventura, Gilson Marques, and Ricardo Salles) before the Inter-American Commission on Human Rights. The legislators are challenging violations of their free speech rights before the Commission. They claim violations of their freedom of expression as a result of escalating state censorship, which reached a head with the 2024 X ban in Brazil. Censorship in Brazil has been a persistent and escalating problem since 2019.
