Amid a growing number of criminal cases in Brazil involving speech about gender identity, a prominent feminist is facing up to 25 years in prison after being charged with five counts of “social racism” for referring to a trans-female politician as a man. Isabela Cêpa, a social media commentator known for her advocacy on sexual and domestic violence, says the case marks a serious escalation in efforts to criminalise dissent from gender ideology.
As first reported by Reduxx, Ms Cêpa only became aware of São Paulo councillor Erika Hilton after seeing media coverage celebrating Hilton’s polling victory as a milestone for female political representation. In response, she posted a short video expressing disappointment that someone she considered to be male had been written about in this way.
The post sparked a ferocious online backlash, which, according to Ms Cêpa, quickly grew into a campaign to destroy her reputation. Although the video was posted in early 2021, Hilton didn’t file a police complaint for several months and Ms Cêpa only discovered she’d been formally charged in June 2022 when a journalist contacted her for comment.
The charge originates from a 2019 ruling by Brazil’s Supreme Federal Court, which held that homophobia and transphobia should be prosecuted under the country’s existing anti-racism law until Congress passes specific legislation. According to the Court, anti-LGBT discrimination constitutes a form of “social racism” and, as such, falls within the statute’s scope. As a result, speech deemed offensive to trans people can now be prosecuted on the same legal basis as racial hate speech, with penalties of up to five years in prison per count.
Ms Cêpa, however, is unrepentant. “This case is not about a hate crime,” she says, “but about a difference in political views. No one can impose upon a woman a belief that her sex is irrelevant.”
She is not the only Brazilian to face prosecution under this expansive interpretation of the law.
In a separate case, a female janitor and a university administrator are facing criminal charges of “social racism” under the same legal framework used against Ms Cêpa. The incident occurred at the Federal University of Paraíba in October 2022, when a trans-female student entered the women’s restroom and was politely asked to leave by the janitor.
After being challenged, the student accused her of transphobia and demanded to speak with campus management. The janitor brought the student to the office of the university’s administrative director, who attempted to de-escalate the situation but was also accused of transphobia after asking whether the student had legal documentation proving they were a woman. Both staff members were subsequently reported to police and charged under the same interpretation of Brazil’s anti-racism law that underpins the case against Ms Cêpa.
Meanwhile, in May, Reduxx reported that Karen Mizuno, a women’s rights advocate and social media commentator, had been informed by police that she was under investigation for a humorous tweet prompted by an online claim that it was “transphobic” for archaeologists to classify the well-known fossil of “Lucy” – a human ancestor dating back approximately 3.2 million years – as female, on the basis of her pelvic bone. Mizuno’s sardonic response, suggesting that humanity’s extinction was becoming less something to fear and more something to hope for, named no individual, but is nevertheless being treated by authorities as potential incitement to hatred against trans people.
She was notified in November 2024 that a criminal complaint had been filed and was told to present herself at a police station or risk arrest. According to the case documents, the investigation into Mizuno’s tweet began only after it was shared by Isabela Cêpa, suggesting that police are now scrutinising the online activity not only of targeted individuals, but also their wider networks. If convicted, Mizuno could face up to three years in prison.
