Amazonas lawmakers amend ‘Anti-LGBT’ law after activist pressure

By Jadson Lima – From Cenarium

MANAUS (AM) – On December 13 of this year, the Legislative Assembly of Amazonas (Aleam) approved an amendment to Article 7 of Law 7.127/2024, which originally prohibited the reproduction of “content that portrays children associated with homosexuality in digital media, television, and cultural or artistic presentations.” The second vote occurred after pressure from activists, who submitted complaints to both the Amazonas State Public Prosecutor’s Office (MP-AM) and the Federal Public Prosecutor’s Office (MPF).

The author of the original proposal is state representative Carlinhos Bessa (PV-AM). Speaking to CENARIUM, Bessa stated that the inclusion of the term “homosexuality” in the law had “slipped through unnoticed” and affirmed his support for the LGBTQIA+ community in Aleam. The representative also authored the new bill to amend the existing law.

The original text, which included the word “homosexuality,” was filed in the Legislative Process Support System (SAPL) on February 7, 2023, and took 533 days to be approved in the House plenary on August 13, 2024. Before reaching the plenary, the bill underwent review by committees such as the Constitution, Justice, and Citizenship Committee (CCJ), which is responsible for assessing the constitutionality of parliamentary proposals.

Defending the original proposal, the representative claimed—without presenting data—“that in the case of children, the State is often called upon to intervene, through the Public Prosecutor’s Office, which monitors cases where minors are either active or passive subjects.”

The original bill was approved with 21 votes in favor, none against, and three representatives absent from the vote. The approved law initially prohibited artistic presentations involving children “associated with homosexuality” in Amazonas.

See the results of the first vote:

• Abdala Fraxe (Avante) – Yes
• Alessandra Campêlo (Podemos) – Yes
• Cabo Maciel (PL) – Yes
• Carlinhos Bessa (PV) – Yes
• Commander Dan (Podemos) – Yes
• Cristiano D’Angelo (MDB) – Yes
• Débora Menezes (PL) – Yes
• Delegate Péricles (PL) – Yes
• Dr. Mayara Pinheiro (PRTB) – Yes
• Dr. George Lins (Union) – Yes
• Dr. Gomes (Podemos) – Yes
• Felipe Souza (PRD) – Yes
• João Luiz (PRB) – Yes
• Mário César Filho (Union Brazil) – Yes
• Mayra Dias (Avante) – Yes
• Roberto Cidade (Union) – Yes
• Rozenha (PMB) – Yes
• Sinésio Campos (PT) – Yes
• Thiago Abrahim (Union) – Yes
• Wanderley Monteiro (Avante) – Yes
• Joana Darc (União) – Did not vote
• Deputy Afonso (União) – Did not vote
• Daniel Almeida (Avante) – Did not vote

Amendment

The law was amended on December 13 of this year through PL 816 of 2024, also authored by Bessa. In the new proposal, the author removed the term “homosexuality” and now prohibits the use of children in the production of material linked to sexual content. “The objective of the project is to adapt the legal framework to efficiently protect children from early sexual exploitation, which could induce artificial and premature choices,” justified the representative.

The new bill with the amendments was approved by 23 deputies. The only deputy who did not participate in the vote was Roberto Cidade (União), as he presided over the session. Here is the list of those who voted for the amendment:

Prejudice and Stigma

The proposal that included the term “homosexuality” in its wording was unconstitutional, according to the executive director of Casa Miga, Karen Arruda. Speaking to CENARIUM, she explained that the original bill sought to stigmatize the LGBTQIAPN+ community. According to the activist, the initial text reinforced prejudice and stigma.

“The [original] bill essentially said, ‘Let’s protect children from homosexuals,’ as if media campaigns always revolved around sexuality or sexual content. [And this] reinforces prejudice and stigma because it implies that only homosexual people would do this to children. The goal was not to protect children but to stigmatize a community, which is why it’s unconstitutional. If the aim is to protect children, then children must be protected regardless of who it involves—whether they are homosexual or heterosexual. It doesn’t matter,” said the activist.

Karen also noted that when a law suggests children should be protected specifically from LGBTQIAPN+ people, it raises societal alarms that fuel prejudice. “It’s a reinforcement of prejudice, encouraging people to remain prejudiced, ensuring prejudice persists, by implying children must be shielded from homosexuals because homosexuality is always tied to sexual connotations, for instance,” she said.

In her view, the amendments to Law 7.127/2024 through the newly approved PL in Aleam genuinely protect children. “The text was adjusted, and now, yes, the goal is to protect children and adolescents, and everyone agrees with that”, Karen concluded.

Author of the Proposal Responds

CENARIUM contacted Representative Carlinhos Bessa, the author of the proposals, to request his statement on the matter. In response to the publication, the representative stated that the original text “slipped through unnoticed because the context did not involve homosexuality.” He also asserted his opposition to bills that promote prejudice against the LGBTQIAPN+ community.

“When I became aware [of the text], I immediately made the amendment because I am not in favor of these types of laws [that promote] homophobia. After all, I have approved numerous laws in favor of LGBTQIA+ projects. I oppose several right-wing projects when it comes to this subject”, the representative stated.

Bessa also explained that he had asked his legal team to amend the text of the PL before the first vote, but a change in the team caused the original wording to remain. “This happened because of block voting, but we corrected it immediately. I had already asked for it to be fixed, but due to the legal team change, it slipped through”, he concluded.

(*) Text changed at 5:21 pm on Saturday, December 28, to include the response from state deputy Carlinhos Bessa.

Translated from Portuguese by Gustô Alves