Why the law?
According to the Brazilian Forum of Public Security report, 37.5% of women have suffered some type of violence or aggression in 2025. That means approximately , around 21,4 million Brazilian women were victimized. Likewise, reports mentions that an average of six women are killed per day in Brazil.
And that figure might still be higher: "The issue is underreported, since not every feminicide is published in a news outlet. Based on our experience, we believe that the public record is lower than reality", professor Daiane Bertasso mentions in an article from the Brazilian news outlet Agência Brasil.
Those figures explain why tens of thousands of women gathered to protest against feminicide and gender-based violence across Brazil in december 2025. Those demonstrations were a response to a wave of crimes against women in the country.
The anti-misogyny law aims to impose harder penalties for misogyny, defined as a hatred or discrimination against women. In doing so, it would classify such cases under Brazil’s racism law. Its potential approval has sparked debate, showing the urgency of addressing gender-based violence.
Why was it postponed?
It is important to mention that the bill has already been approved by the so-called Committee of Constitution and Justice (CCJ). The CCJ works as a 'constitutional filter', intended to check whether a proposed legislation falls in line with the Brazilian Constitution. It's a first legislative step that does not automatically turn a proposal into legislation.
Since the bill has already been deemed constitutional, it could have gone been sent back to the committee for a final approval without a debate in the Brazilian senate. However, senators insisted that a proposal that could have such a large impact on society had to be reviewed by all members. As a result, the law was postponed. That was the second time the new legislation was delayed.
The first delay happened due to the trade agreement between the European Union and the Mercosur-countries, which includes Brazil. At the time, members of the Senate argued that they needed more time to analyze the legislative proposal. And that is why the new law was postponed a first time.
Why is this law so difficult to pass?
The bill faces strong opposition, mainly stemming from far-right parties and politicians. They argue that the new legislation could lead to censorship, claiming that a legal definition might criminalize criticism.
Some senators have voiced these concerns. According to official Senate debate transcripts, Liberal Party-senator Jorge Seif questioned: "Who decides what counts as misogyny? A judge, an activist, a political party? Could a critical comment or a public disagreement become a crime under this law?"
That opposition has also extended to social media. Politicians against the bill have publicly criticized the proposal online, framing it as excessive and warning against its potential consequences, according to the brazilian news outlet, Agência Lupa.
Does similar legislation exist elsewhere?
Brazil is not alone in lacking specific legislation on misogyny. In Europe, no single official definition exists at the level of the European Union. Even though a 2022 Directive proposal by the European Commission defines gender-based violence broadly (including online harassment), it leaves the recognition of misogyny to national laws.
Some European countries have legislation addressing hate speech, but sexism is rarely treated as a standalone offense. For example, Germany’s Network Enforcement Act of 2017 requires social media platforms to remove illegal content. While sex-targeted hate speech is criminalized, misogyny itself is not recognized as a crime.
Meanwhile, the Belgian government updated its 2007 Anti-Racism Law in 2014 to include what they call "sexist hate speech". Although it only covers public harassment, it is still one of Europe’s clearest legal recognitions of sexist speech. It is part of a broader law, similar to Brazil’s proposal to address misogyny under existing racism law.
And did it help?
Even without a definition of misogyny, countries like Belgium and Germany track crimes that could be defined as such, including harassment and threats. This allows authorities to track and address such behavior without labeling them as misogyny.
Data from the European Institute for Gender Equality shows Belgium reports thousands of psychological intimate partner violence cases annually, including intimidation and defamation. Similar forms of violence are monitored by Germany, though not legally defined as misogyny.
At the same time, the European Union has made significant efforts to collect data on gender-based violence across its member states, even without an EU-wide law defining misogyny. This, in turn, helps identify and measure misogynistic behaviour, even without a legal definition.
Would it help Brazil?
Brazil already collects data on violence against women, particularly in cases involving physical and sexual abuse. While it provides important insights into the scale of the problem, it does not fully capture misogynistic behaviour, such as harassment or hate speech.
In countries like Belgium and Germany, such behaviour is tracked due to certain legislations, even without defining misogyny as a specific crime. This ensures authorities to respond more effectively. Similarly, Brazil’s proposal could make things more clear by bundling this behaviour under a single legal concept.
Recognizing misogyny in Brazil would improve how cases are classified and show that hostility and discrimination against women are taken seriously by law. This could also encourage more women to report incidents, reducing underreporting and giving a clearer picture of the problem.