Bridging the Gaps in our Justice Systems: Lucas Servío’s Advocacy for LGBTQIA+ Rights in Brazil
Brazil
Standing in Solidarity: empathy as the driving force behind Mr. Servío’s plight
Lucas Servío is a lawyer and teacher from Brazil, initially specialising in governance and employment law, he currently focuses on intellectual property rights related to art and Artificial Intelligence. However, it is in his work as the vice-president of Brazilian Order of Lawyers’ Commission of (Sexual) Diversity, which he took on right after graduating law school, that his commitment to social justice and the defence LGBTQIA+ rights shines through.
Whilst Mr. Servío identifies as part of the LGBTQIA+ community, he acknowledged believing that the privilege of being a “cis white male” and straight passing, has shielded him from many forms of discrimination. When asked what motivates him to stand up for LGBTQIA+ rights, he expressed his concerns around societal attitudes towards LGBTQIA+ individuals, especially following his own son’s coming out, stating he wishes to “leave a better and safer world for his son.”
Mr. Servío, as well as the other brave lawyers featured in this series, is driven by a strong sense of solidarity and justice. When asked about the challenges faced by the legal professionals working on LGBTQIA+ rights in Brazil, his story focused primarily on the intersectional discrimination faced by his colleagues, particularly the compounding of race and gender, as well as the rigid conceptions of masculinity and femininity, which create significant obstacles for lawyers who do not fit into a certain gender category.
LGBTQIA+ rights in Brazil: conservative legislatures vs. progressive courts
Brazil can, in many ways, be perceived as a pioneer on the protection of LGBTQIA+ rights; having decriminalised homosexuality as early as 1831, being the first country to ban conversion therapy in 1999, and several other landmark rulings including the legalisation of adoption for queer families in 2010, and the recognition of the right to marriage for same-sex couples in 2013. Most recently, in 2019, the Supreme Court criminalised discrimination based on sexual orientation and gender identity.
Although this paints a picture of real progress in the defence of LGBTQIA+ rights and in the creation of legal safeguards, these guarantees were exclusively established through Supreme Court rulings, based on the protection of the principle of equality for all, but the Federal Legislator (the Brazilian Parliament) has yet to pass legislation on the matter which would provide a complete legal framework protecting LGBTQIA+ rights and that of their lawyers. This lacuna weakens the status of LGBTQIA+ individuals, making them continuously vulnerable and dependent on courts’ interpretation of their rights as opposed to having them embedded in legislation. This further means that previous decisions may be overruled by new precedents established by the Supreme Court, reinforcing the precarity of these protections.
Fighting gender norms, racism and transphobia: challenges for lawyers in Brazil in court
During his interview, Mr. Servío reflected deeply on the compounded discrimination faced by LGBTQIA+ lawyers, particularly those who are transgender or women of colour. These individuals often encounter systemic and intersectional biases that question their credibility and competence solely based on their identities, greatly hindering their ability to carry out their functions.
Elaborating on how societal perceptions of gender found their way into the court room, he recalled instances of abuse towards transgender lawyers ranging from a colleague, Juliana, being asked by a judge why she was not wearing a tie (one of the dress codes for ‘male’ lawyers), to others having their ‘dead name’ (name assigned at birth) used in official court documents despite it having been legally changed.
Additionally, stigma and bias in court remains an issue for many lawyers in Brazil who deviate from traditional gender norms. Bias by judges extends to cis gendered lawyers who challenge gender norms, such as women with short hair. Indeed, traditional norms of masculinity are still very engrained within the society, leading more ‘feminine’ lawyers to be taken less seriously by the legal authorities than ‘masculine’ men. Mr. Servío noted: “I can see it in their [judges’] eyes, the way they deem them less professional than their more masculine colleagues.” Similar bias occurs with female lawyers, who are either being taken less seriously because they are a woman, often exacerbated in cases of women of colour, or them being ridiculed for having short hair, therefore seeming too ‘masculine’.
The lack of credibility has severe consequences for lawyers and their opportunities for taking on certain cases. Mr. Servío spoke about how transgender lawyers endure significant obstacles due to the social stigma amongst police officials who frequently use transphobic and discriminatory language. Some lawyers refuse to go to the police station because of this, forcing them to file charges in their clients’ name online whenever that is possible. Consequently, lawyers specialised in certain fields are sidelined and have less access to cases than cis gender colleagues.
Fighting gender norms, racism and transphobia: Challenges beyond the courtroom
Mr. Servío further illustrated how transphobia extends beyond difference in treatment and harassment, reflecting on a situation during which individuals invaded a Zoom meeting him and colleagues were holding to show a documentary about violence against transwomen and threatened the attendees. Such aggressive acts depict how advocacy for LGBTQIA+ rights in Brazil, in any form, even legal, is not without risks. Mr. Servío explained how challenges to the norms of masculinity and femininity are faced with a lot of backlash and misunderstanding, stating that “prejudice leads to violence.”
The prejudice against transgender people also occurs with transgender lawyers advocating for their client’s case. Discriminatory attitudes towards LGBTQIA+ lawyers by police and judiciary are thus viewed as an extension of these societal attitudes. For transgender lawyers in particular, access to justice is in many cases halted at the police station. Mr. Servío elaborated on how many of his transgender colleagues were not able to register themselves at the police station when assisting their clients, due to administrative hurdles imposed by the police officers. For instance, recalling events where, when asked to state their name, police officers refused to register the lawyers’ social names, making it impossible for these lawyers to proceed with the case. Their ‘dead name’, was the only one police officers recognised as they refused to acknowledge their gender identity after transitioning. This illustrates a severe impediment in the exercise of lawyers’ professional duties, reaching beyond courtroom biases, since, if lawyers are unable to register themselves, they cannot proceed to defend their client, presenting a real hurdle to the equality of access to the legal profession but also to one’s right to a defence.
Personal affiliation as a catalyst: hope for a more inclusive future
Despite these challenges, when reflecting on the future, Mr. Servío sees hopeful developments with more lawyers showing willingness to take on cases related to LGBTQIA+ rights. Strategic litigation has brought legal victories for members of the LGBTQIA+ community, safeguarding basic human rights, and inspiring more and more victims to come forward and fight for their rights, reinvigorating this hope in justice.
Going forward, Mr. Servío continues to fight for the inclusion and acceptance of the work of his marginalised colleagues, by stressing the importance of developing more legal safeguards. Stemming from a deep affiliation with his plight, being surrounded by many friends and colleagues who identify as LGBTQIA+, he feels that “representing them is like representing myself, they are my people,” showcasing the importance and presence of solidarity within the profession and these endeavours.
By sharing stories like that of Mr. Servío, Lawyers for Lawyers aims to raise awareness about the brave lawyers who stand up for the rights of marginalised and stigmatised individuals, to ensure access to justice for all, regardless of their sexual orientation or gender identity. The Access to Justice Campaign, launched on May 16th 2024, seeks to raise awareness about the challenges lawyers face in ensuring access to justice for all, notably, members of marginalised and stigmatised communities like that of the LGBTQIA+ community. Mr. Servío’s story is proof of the crucial role lawyers play in the access to justice for all, but also the numerous challenges they are faced with in the deliverance of this mission, and their need for greater international and institutional support.
Illustration by Elisabeth van der Spek.