- Isadora Borges has been criminally charged for comments shared on X about gender ideology; the first hearing in this case took place yesterday.
- Case draws online attention after Elon Musk retweeted a post about the prosecution; ADF International is providing legal support for her defence.
BRASÍLIA (11 February 2026) — A Brazilian woman, Isadora Borges, appeared yesterday before a federal court after being criminally charged for posting comments on social media expressing her views on gender ideology, exposing her to a possible prison sentence of four to ten years.
In November 2020, Borges made two posts on X (then Twitter), peacefully expressing her views on gender ideology. One comment stated that “transgender” women “were obviously born male.” Another stated: “A person who identifies as transgender retains their birth DNA. No surgery, synthetic hormone, or clothing change will change this fact…”
Her comments quickly gained attention online, and prompted Erika Hilton, a self-described “transgender” politician, to report Borges for “transphobia” to the federal police.
In September 2025, Borges was notified of the criminal charges brought against her. She was accused of two counts of “transphobia,” with each count carrying a punishment of 2–5 years in prison.
Ahead of the February 10th hearing, Borges’ case sparked online attention after Elon Musk reposted an X post about the case.
At the hearing, the federal prosecutor asked limited questions concerning whether the posts were published on Borges’ own social media profile. The judge indicated that the comments appeared to reflect personal opinions rather than discriminatory intent and granted the defence five days to submit written conclusions, allowing for further consideration of the legal and factual issues before any decision is made.
“Today’s hearing gave me hope. I am grateful that the court took the time to listen carefully and consider the facts. I spoke out peacefully on an issue that I care about, and I remain hopeful that the court will recognize my right to express my views and speak the truth without fear of criminal punishment.”
“While we are still awaiting a final decision, today’s hearing held promising signs that the court will uphold Isadora’s right to free speech,” said Julio Pohl, Legal Counsel for ADF International, which is providing legal support to Borges.
“The judge has allowed the defence time to submit written conclusions, signaling that the court intends to carefully consider the facts rather than rush a judgment. Yet, the state of free speech in Brazil is extremely dire, and we are deeply concerned for Isadora and all Brazilians who face threat of criminal sanction for exercising their basic human right to speak freely.”
ADF International is providing legal support to Borges, standing for her fundamental right to freedom of expression and that of all Brazilians.
“Today’s hearing gave me hope,” said Isadora Borges. “I am grateful that the court took the time to listen carefully and consider the facts. I spoke out peacefully on an issue that I care about, and I remain hopeful that the court will recognize my right to express my views and speak the truth without fear of criminal punishment.”
Growing Pattern of Censorship in Brazil
Since a 2019 ruling by Brazil’s Supreme Federal Tribunal equated “homophobia” and “transphobia” with the crime of racism—without legislation passed by Congress—individuals across Brazil have increasingly faced criminal investigations and prosecutions for peaceful expression. Cases such as Isadora Borges’ have become more common over the last year in Brazil.
In 2025, social media influencer Isabella Cepa faced criminal investigations for her online post about gender ideology. Similarly, Nine Borges (not related to Isadora Borges) is under criminal investigation for “transphobia” for posting an Instagram video drawing attention to concerns about the financing and influence of pro-LGBT organisations in Brazil, which included criticism of Symmy Larrat, Brazil’s LGBT National Secretary.
In another case, Assemblies of God Pastor Douglas Baptista faced criminal charges for authoring a book with a Christian view of sexuality. His case was legally supported by ADF International. Charges in his case were dropped, but they remain evidence of the broader, chilling trend of government efforts in Brazil to censor peaceful online expression.
ADF International also represents five Brazilian legislators (Senator Eduardo Girao and members of the Chamber of Deputies Marcel Van Hattem, Adriana Ventura, Gilson Marques, and Ricardo Salles) before the Inter-American Commission on Human Rights. The legislators are challenging violations of their free speech rights before the Commission. They claim violations of their rights under the Convention, including their freedom of expression, as a result of escalating state censorship which reached a head with last year’s X ban in Brazil during the municipal elections period. Censorship in Brazil has been a persistent and escalating problem since 2019.
