A Brazilian Federal Regional Court has ruled in favour of veterinary student Isadora Borges, who was charged with “transphobia”.
Borges encountered the possibility of a potential prison sentence of four to 10 years for a social media posts made on Twitter (now X) in 2020. The Federal Regional Court of the 5th Circuit unanimously voted to dismiss all charges against her and close the case. The court stated that its reason for the ruling was that it found no attack, threat, or hostility towards individuals who identify as “transgender,” nor did they incite violence. It lacked 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,” Borges said in response to the ruling “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.”
This is the first time that a federal court in Brazil has been asked to decide on the merits of the criminalisation of speech based on a “transphobia” accusation, and with this decision, the Court set a significant legal precedent that views similar to Borges’ are not substantial grounds for criminal charges for “transphobia”.
The unfortunate situation started in November 2020, when Borges made two posts stating 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 drew attention online and influenced 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 Defence Commission (a congressional committee), further demonstrating the impact of this faulty ideology as a man has assumed a crucial role intended for a woman. Borges was told about the criminal charges brought against her in September 2025, with accusations of two counts of “transphobia,” Each count carrying a punishment of two to five years in prison. Borges was represented by the Christian Legal Council group, Alliance Defending Freedom.
“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 her legal counsel, Julio Pohl, “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.”