Brazilian student Isadora Borges’s defence reports bid to revive transphobia case
Brazilian federal prosecutors have challenged the dismissal of a criminal case against veterinary student Isadora Borges over posts about transgender people. ADF International announced the development on October 21, 2026. The organisation provides her with legal support. The announcement concerns an attempt to overturn the decision; a reopening of the proceedings has not been confirmed.
According to The Christian Post, prosecutors want Brazil’s Superior Court of Justice (STJ) to hear the case. Her defence estimates that, if prosecution resumes and she is convicted, Borges could face two to five years in prison for each of two counts, or up to ten years in total.
However, the public case record on Escavador lists a special appeal filed on August 26 and a refusal to admit it on September 25, 2026. ADF’s October 21 statement does not explain that entry. As of October 27, it was not possible to confirm whether the appeal had advanced after that refusal or criminal proceedings had resumed.
On March 12, the Third Panel of the Federal Regional Court for the Fifth Region in Recife unanimously halted the case being heard in Paraíba state. Its published judgment found no incitement to discrimination, hostility or violence in Borges’s posts, and no indication of the intent required for criminal liability.
The charges concerned two Twitter posts, now on X, dated November 16, 2020. Citing sex at birth, Borges argued that trans women are not women and that surgery and hormones do not change DNA. According to Brazilian legal news outlet Migalhas, transgender federal lawmaker Erika Hilton participated in the case in support of the prosecution.
The parties disagree over how to assess those statements. The March judgment records prosecutors’ position that the posts exceeded the limits of free expression and that discriminatory intent required examination of evidence at trial. The defence described them as opinions on the relationship between biological sex and gender identity. ADF lawyer Julio Pohl criticised the attempt to revisit the ruling as a threat to free speech.
The charges relied on a 2019 Supreme Federal Court ruling applying provisions of Brazil’s anti-racism law to homophobia and transphobia until Congress passes specific legislation. The March decision in Borges’s case concerned particular posts and did not overturn that approach.
Uránia previously reported on the re-election of Erika Hilton and other transgender lawmakers to Brazil’s parliament.
