Image source: metropoles.sp
In October 2026, the São Paulo Public Prosecutor's Office (Ministério Público de São Paulo, MPSP) filed a formal public civil action requesting that the state judiciary convict Praia Grande municipal councillor and state deputy-elect Eduarda Campopiano of the Liberal Party (PL) for transphobia. The legal action stems from discriminatory statements directed against federal deputy Érika Hilton of the Socialism and Liberty Party (PSOL), a prominent transgender congresswoman representing São Paulo.
According to the prosecutorial petition, the incident occurred hours after the conclusion of the elections for the Legislative Assembly of the State of São Paulo (Alesp). In the ballot, Campopiano secured 1,956,238 votes, making her the most-voted state legislator overall, while Érika Hilton finished as the most-voted woman in São Paulo for the federal Chamber of Deputies, trailing only Campopiano's political ally Lucas Pavanato. Following the tally, Campopiano published a statement on social media platform X referring to Hilton as a biological man and asserting that a biological man would never occupy the position of the most-voted woman in São Paulo.
Through the public civil lawsuit, the MPSP petitioned the court to order Campopiano to pay 100,000 Brazilian reais in collective moral damages to the State Fund for the Defense of Diffuse Interests (FID), issue a formal public retraction, and refrain from publishing any future transphobic remarks. Prosecutors further requested that she be required to submit certified proof of attendance and completion of a social inclusion literacy course within one year. Human Rights Prosecutor Ricardo Manuel Castro stated in the filing that publicly denying a transgender lawmaker's gender identity exceeds the boundaries of legitimate political debate and may constitute unlawful discrimination and gender-based political violence. Representatives for Campopiano had not issued a response as of press time.
From an institutional perspective, this prosecutorial intervention is viewed as a significant enforcement of Brazil's legal protections against gender-based political violence and identity discrimination. Since the Supreme Federal Court of Brazil ruled that homophobia and transphobia are punishable under the nation's anti-racism statutes, alongside federal legislation penalizing political violence against women, judicial authorities have increasingly scrutinized discriminatory rhetoric by elected officials. As transgender representation expands within Brazil's legislative bodies, the lawsuit underscores that electoral success does not grant immunity from constitutional human rights standards.
South America Editorial Office: Isabella Rodriguez
Source: Compiled from the São Paulo Public Prosecutor's Office and Metrópoles reports
References:
Public Prosecutor's Office of the State of São Paulo (Ministério Público do Estado de São Paulo - MPSP)
Legislative Assembly of the State of São Paulo (Assembleia Legislativa do Estado de São Paulo - Alesp)
Chamber of Deputies of Brazil (Câmara dos Deputados)