A Brazilian women’s rights activist has been granted full refugee status in an unnamed European country after facing criminal charges in Brazil for referring to a male-to-female transgender politician as a man.
Isabella Cêpa, a social media commentator and feminist known for her advocacy against domestic violence, was facing up to 25 years in prison under Brazil’s “social racism” law, a legal provision that treats alleged transphobic speech as a form of racial discrimination.
The case has sparked global controversy over Brazil’s absurd application of anti-discrimination laws to suppress gender-critical opinions.
Cêpa’s legal troubles began in early 2021, when she responded to media coverage celebrating São Paulo councillor Erika Hilton—a biological male who identifies as female—as the “most voted-for woman” in Brazil.
In a video post, Cêpa expressed her disappointment, saying she was “disappointed to hear that the most voted-for woman in São Paulo—later found out that it was in the entire country—was a man.”
Hilton filed a police complaint, triggering a criminal investigation. By mid-2022, Cêpa had been charged with five counts of “social racism.”
This charge stems from a 2019 ruling by Brazil’s Supreme Federal Court which interpreted homophobia and discrimination against LGBTQ+ individuals as a form of racism.
In 2023, the court further ruled that homophobic slurs are punishable by prison, equating them with racist hate speech. Sentences can range from two to five years.
“This case is not about a hate crime, but about a difference in political views,” Cêpa said in an interview.
In July 2024, while attempting to board a flight to Spain, Cêpa was flagged at Salvador Bahia Airport. Federal officers, after reviewing her case, reportedly concluded that she met the criteria for political persecution. They instructed the airline not to depart without her and escorted her onto the plane, advising her not to return to Brazil.
In June of this year, she formally applied for refugee status, which has now been granted by an undisclosed European nation.
Cêpa becomes the first person globally to be granted asylum based on persecution for gender-critical beliefs—and the first Brazilian since the end of military rule in 1985 to receive political asylum for state persecution.
According to MATRIA Brazil, a women’s rights organisation that supported Cêpa’s case:
This is a reality many women face across the globe. It is deeply troubling that in our own country, democracy, freedom of belief, and freedom of speech appear to no longer apply.
Cêpa was left with no choice but to resort to the last and most extreme measure: seeking political asylum abroad.
In addition to Cêpa’s case, other Brazilians face prosecution for gender-critical speech.
Karen Mizuno, a feminist commentator, is under investigation for sarcastically mocking an online claim that archaeologists are “transphobic” for classifying an ancient fossil as female, on the basis of her pelvic bone. Mizuno’s tweet is being treated as potential hate speech. She may face up to three years in prison.
Another case involves a janitor and an administrator at the Federal University of Paraíba, who were charged with “social racism” after asking a trans-identifying student to leave a women’s restroom and requesting documentation of legal gender status.
The legal landscape in Brazil is now so broad that even factual statements—such as stating that a man is a man—can be criminalised.
