There is no recognition of a third gender option nationwide, but since 2020 non-binary and intersex people have been getting court authorizations to register their sex as "unspecified", "non-identified", "intersex",
[12]
or "non-binary" in the civil registry.
[13]
[14]
[15]
[16]
For the purpose of filling out and printing the Identity Card, the gender field must follow the
ICAO
standardization, with 1 character, M, F or X (for non-binary people). Since January 11, 2024, issuing bodies in the States and the Federal District have been obliged to adopt these Identity Card standards established by the Federal Government. The information in the gender field can be self-determined and self-declared by the person when filling in the data, at the Identification Institutes. In the current context, of the 3,502,816 IDs issued, there are 192 National Identity Cards, that is, 0.01% defined in the gender field as "X".
[17]
[18]
While requesting a new
passport
, Brazilians are able to select an unspecified sex. According to the
Federal Police
, the body responsible for issuing Brazilian passports, in response to the requirement for access to registered information, the "not specified" option, in these terms, was implemented in the application form passport application in 2007, with the advent of the "New Passport", popularly known as the "blue cape model". Before that, however, the option already existed, and was declared on printed and typed forms in the old "cover model" notebooks green". Following the international standard, the "unspecified" option is represented in the passport with the letter X, instead of the letters M or F, for male or female, respectively. The gender option contained in the passport must reflect the information expressed in the birth certificate or other official identification document. I.e, whenever the information expressed on the certificate is different from "male" or "female", the alternative will be used. The use of option X, or "not specified", comes from the international standard ICAO (International Civil Aviation Organization), which specifies the printing of the "Gender of the holder" by "use of the initial letter commonly used in the country of origin", being "capital letter F for feminine, M for masculine, or X for unspecified". Following ICAO standards, among others, is precisely what confers recognition of a passport by other countries.
[19]
[20]
Since 12 September 2021, by decision of the
National Justice Council
, notaries must register intersex children with the sex ignored on birth certificates.
[21]
[22]
[23]
[24]
The
state of Rio de Janeiro
, thanks to the work of the State Public Defender's Office, has been allowing non-binary people to register their birth certificates and identity cards with the "non-binary" gender in
gender-neutral language
.
[25]
[26]
On April 22, 2022,
Rio Grande do Sul
Justice assured non-binary people to change their first name and sex in their birth record, according to their self-perceived identity, regardless of judicial authorization, allowing include the expression "non-binary" in the sex field upon a request made by the interested party to a notary's office.
[27]
[28]
On May 9, 2022,
Bahia
Justice publishes provision allowing the inclusion of “non-binary” gender in the Civil Registry.
[29]
[30]
In 2023,
Paraiba
,
Parana
,
Tocantins
, and
Federal District
recognized non-binary gender markers.
[31]
[32]
[33]
[34]
However, in October 2023, the National Justice Council, at the request of the TJES, issued a document precluding "non-binary" as a gender marker. The document quotes
Luiz Fux
, who claimed that “(…) There is no third gender, nor is this the claim”.
[35]
[36]
In November 2023, TJPR revoked non-binary recognition, establishing that the right to administrative replacement of first name and sex in civil registration does not cover the possibility of expanding genders, limited to “male” and “female”.
[37]
TJRS, in December 2023, also revoked the provision that recognized non-binary rectification in the state of Rio Grande do Sul.
[38]
In January 2024, a public civil action by the Federal Court of Parana determined that the
Federal Revenue
must include the options "unspecified", "non-binary" and "intersex" in the sex field of the
CPF
, guaranteeing the right to rectification to those who interest.
[39]