Brazil's Superior Court of Justice Bars Military From Ousting Transgender Service Members

Overview

• On November 12, the STJ’s First Section ruled that gender identity or transition alone cannot justify removal, licensing, or compulsory retirement from military service.
• The case arose from a Defensoria Pública da União lawsuit reporting discriminatory practices that forced medical leaves and retirements of transgender personnel.
• The court upheld a TRF-2 decision requiring the Armed Forces to recognize social names and maintain transgender servicemembers in their posts absent other lawful grounds.
• The federal government’s arguments citing gender-based entry rules and alleged health needs were rejected by the justices.
• Relator Minister Teodoro da Silva Santos affirmed that being transgender does not constitute incapacity or illness for military service, reflecting shifts in medical classifications since the WHO’s 2019 update.