Brazil is preparing to put a woman on trial—not for violence, fraud, or corruption—but for words she posted online nearly five years ago. Isadora Borges de Aquino Silva, a veterinary student and self-described feminist from Paraíba, now faces up to a decade in prison for social media comments made in 2020 about biology and gender identity. Prosecutors allege her statements constitute “transphobia,” a crime not defined by legislation but instead created through judicial reinterpretation. The case highlights a growing pattern in which speech is retroactively criminalized through vague legal standards enforced years after the fact.

At the center of the controversy is Brazil’s Supreme Court, which in 2019 expanded an existing anti-racism law to include sexual orientation and gender identity—without parliamentary approval. Because no statute passed by Congress defines “transphobia,” prosecutors and judges now determine what speech qualifies as criminal, often long after it was expressed. Borges’ case was triggered by a complaint from a political figure and remained dormant for years before charges were suddenly filed in 2025. Supported legally by ADF International, Borges has stated that her intent was to defend biological reality and protect women, not to harm anyone. Yet even without a conviction, the legal process itself has already become a form of punishment.

SOURCE: Reclaim the Net