"He is a man. That's what's on his birth certificate, regardless of what he thinks."
A Brazilian influencer has been sentenced to two years in prison after using male pronouns to refer to a transgender politician who identifies as female. Bianca Barreto was found guilty of the "intentional and pejorative use of the gender opposite… [to a] self-declared identity" and received her sentence on July 29.
The sentence is the result of a 2024 video posted by Barreto in which she critizied Duda Salabert, a left-wing politician and member of Brazil's Chamber of Deputies. Salabert was elected in 2024 and is the first openly trans-identified person to serve in the chamber.
In the video, Barreto detailed a previous case that involved Salabert and conservative parliamentarian Nikolas Ferreira. Ferreira had said during an interview that he would only refer to Salabert by using male pronouns, explaining, "He is a man. That's what's on his birth certificate, regardless of what he thinks." Salabert filed a criminal complaint against Ferreira, citing Brazil's 2019 classification of transphobia as crimes of "social racism." The case was dismissed on procedural grounds, but Ferreira was forced to pay R$80,000 in 2023 as part of a separate civil action, which was later reduced to R$30,000 on appeal, according to a report by Reduxx.
Barreto's video discussed the case against Ferreira, describing Salabert as "a guy who says he's a trans woman, but he's married to a woman and has a son or daughter." While describing Salabert, Barreto said that whatever "she does in her private life is not my problem. Now, it will always be a problem when these people try to impose things on us that are not real, that are a product of her imagination. By 'her' I mean the person, because a man is a man, a woman is a woman, and that's it."
After Barreto questioned how someone could be sued "for calling a man a man," she faced legal action for the same thing after Salabert filed a criminal complaint. In court, she argued that as a Christian she has a right to advocate for candidates that share her values and that she was not encouraging violence or hatred. However, the judge in the case determined that it is "marginalization" to not use the preferred pronouns of transgender-identifying individuals.
Barreto's two-year sentence will be served in a house arrest-style system where her movement is restricted. She will also be required to check in with law enforcement or a judge on a regular basis.
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