The censorship crisis in Europe has recently reignited global concern over protecting free expression. Europe has consistently made headlines for overreaching restrictions — from Vice President JD Vance highlighting the continent’s crisis of censorship to, more recently, Elon Musk’s high-profile challenge against the European Union in defense of online free speech. But the growing attacks on free speech across the Atlantic aren’t the only offenses to watch. Censorship in Brazil has been escalating since 2019, and the violations against free expression are just as alarming.
In Europe, we’ve seen: a sitting parliamentarian prosecuted for sharing a Bible verse on X, a comedian arrested for social media posts criticizing gender ideology, and citizens criminalized for merely praying silently in their own minds, among many other severe free speech violations. Brazil is producing its own wave of censorship abuses, much like these.
In Brazil, the criminal investigation of peaceful expression is increasingly normalized. In clear contravention of international law, citizens are being criminally investigated for online posts and commentary that would be considered lawful in most democracies. Often investigations peter out before a conviction, but the result is a persistent culture of fear where citizens live with the very real possibility that their speech could land them with a substantial prison sentence for no legitimate reason.
The Brazilian government’s use of broad, vague laws to police speech mirrors Europe’s Digital Services Act and other major threats to free speech: expansive powers, retroactive enforcement, and little recourse for those targeted. It’s a sobering reminder of the kind of censorship regime leftist ideologues want to implement in the United States, too — a plan that is reminiscent of censorship of Americans for their beliefs about Covid-19. When governments can silence individuals, influencers, or entire platforms with impunity, there is no limit to how far these institutions may go. They will continue controlling narratives and eventually become the sole determinant of what speech is considered acceptable in the public square.
One of the most alarming trends sweeping Brazil is the establishment of “transphobia” as a crime, punishable with up to five years in prison. This came to be after a 2019 Supreme Court ruling defined that “transphobia” is analogous to the crime of racism. With no legislative involvement, a new crime was created, and many have since been subject to criminal proceedings for expressing their views. Official data from 2022 to 2024 suggests that at least 60 people have been investigated or charged under this censorial framework.
In February, Isadora Borges, a Brazilian veterinary student, faced trial for posting two allegedly “transphobic” comments on X back in 2022. Her posts — now deleted — were nothing more than critical opinions on an ideology that she thinks harms women. In one, she stated that “trans women are not women (because obviously they were born male).” In the other, she posted video remarks of Sydney University emeritus professor Bronwyn Winter explaining the meaning of Simone de Beauvoir’s phrase: “one is not born, but rather becomes, a woman.” Borges now awaits a decision from a federal court, and if found guilty, could face up to 10 years in prison.
In another recent case, Nine Borges (unrelated to Isadora), a Brazilian academic researcher and social media commentator residing in the United Kingdom, is under two criminal investigations for posting Instagram content that questioned the logic and roots of gender ideology. Borges is now a citizen in the U.K., but Brazilian authorities continue to investigate her for nothing more than sharing biological reality online.
Even religious expression is being severely threatened in Brazil. In one case, a prominent pastor from Assemblies of God, Brazil’s largest Protestant Christian denomination, published a book examining a Christian viewpoint of sexuality in opposition to the tenets of gender ideology. After a criminal investigation, he was charged by the police for “transphobia.” Ultimately, after over a year of an excruciating criminal procedure, the prosecutor decided to drop the case. In this case, as in many, the process was the punishment.
The weaponization of “transphobia” allegations demonstrates a disturbing willingness to silence voices that differ from those in power.
A not-so-obvious common element to the three cases is how they started. In all of them, the criminal investigation started after powerful politicians who identify as transgender reported the facts to the police. With these accusations, public officials effectively manifest a desire to silence any public voice dissenting from transgender dogma. Furthermore, with the launch last year of the “Plataforma do Respeito,” an AI tool to police online content that challenges the LGBT agenda, the Ministry of Human Rights signals the chilling ways in which Brazil will continue to police speech.
Brazilian authorities have demonstrated a readiness to go to unprecedented lengths to control online narratives. In August 2024, Justice Alexandre de Moraes of Brazil’s Supreme Federal Court ordered the “immediate, complete and total suspension” of the social media platform X in Brazil after the company refused to comply with government orders to block specific accounts singled out for censorship. This shutdown was ordered during a crucial election period, silencing prominent legislators and preventing more than 20 million Brazilians from engaging in online debate or expressing their beliefs on X for nearly 40 days. A few months later, the free speech platform Rumble was also temporarily suspended in the country.
Brazil’s trajectory is a clear warning signal in the global fight to protect free speech, evincing a tried and true pattern on the part of authoritarian regimes to crush dissenting voices.
Free expression is under threat globally. The cases we have seen out of Brazil and European countries alike reveal how quickly ordinary citizens, religious leaders, and elected officials can be swept into legal jeopardy for peacefully sharing their ideas. Without free speech, every other human right is imperiled. We must stand up for free speech everywhere before we lose this most precious of human rights.
Julio Pohl serves as Legal Counsel for Latin America with ADF International. As part of the team, he monitors the Latin American region and the Organization of American States, while also assisting allied lawyers in litigation to protect the right to life, religious freedom, and the family.
