British citizen under criminal investgation in Brazil for 'transphobic' social media posts

Currently also under criminal investigation for a short Instagram video from September 2024, Borges was summoned to appear in a virtual hearing before the Federal Police of Minas Gerais on Wednesday from her home in the UK.

The new complaint further states that Borges issued “transphobic” comments on a popular Brazilian podcast, in which she explained "biological truths" about men and women, in addition to addressing the philosophical foundations of gender ideology.

With a PhD in education, Borges regularly offers critiques of gender ideology and the "negative implications for women and society at large", having authored of a book on the topic.

If criminally charged on the basis of these investigations, the charges would carry a potential prison sentence of up to five years each.

She said: “If a researcher can’t discuss social theories and scientific facts anymore, it signals a profound crisis, one in which inquiry is subordinated to dogma.

"Facing a second police investigation for my opinions is deeply concerning, but I will not be intimidated into silence.

"Peaceful speech, especially speech that is grounded in biological fact, should never be criminalised.

"This new investigation makes clear that we must urgently stand up and protect free speech in Brazil".

In a short online video posted to Instagram in September 2024, she drew attention to concerns about the financing and influence of pro-LGBT organisations in Brazil and included criticism of Symmy Larrat, Brazil’s LGBT National Secretary. The video drew nearly 15,000 likes and 180,000 views.

Larrat is a biological man who identifies as a woman, and describes themselves on social media using "explicit terminology".

The National Secretary filed a complaint over the video, prompting the Federal Police of Brasilia to open their first investigation into Nine’s online content.

In August 2025, Borges received formal notice that she was being investigated for “transphobia” and “defamation,” prompting her summons to appear before police on October 7, 2025.

The following month, on November 5, police informed Borges that they would recommend moving the investigation forward to formal prosecution for “transphobia” and “misgendering” the LGBT Secretary—an official who self-describes as a “transvestite” and “prostitute.”

Borges had used these same terms in her commentary and police cited this as the basis for pursuing prosecution.

A 2019 ruling from Brazil’s Supreme Federal Tribunal established “transphobia” and “homophobia” as crimes, punishable with up to five years of jail time per count.

Overstepping Congress, the Court created a crime without observing the legal and democratic process.

Since then, numerous cases have emerged across Brazil in which individuals were charged with “transphobia” for simply sharing their beliefs.

Julio Pohl is providing Legal Counsel for Borges on behalf of Latin America for ADF International and condemns the "alarming" escalating censorship in Brazil.

He said: “With this second investigation, we see even more clearly what happens when you go against the prevailing orthodoxy in an authoritarian setting.

"Nine is a prolific online commentator and academic researcher, and now her content is being dredged up following an anonymous complaint and analyzed through a censorial lens even though it should in no way be deemed illegal.

"The harsh reality is that Nine could be criminally prosecuted, and face serious jail time, simply because some anonymous complainant took issue with her peaceful expression.

“The censorship we see escalating in Brazil is extremely alarming. No one should fear prison time for stating biological facts or even just peacefully sharing their views online”

International human rights law guarantees the right to express ideas without fear of criminal investigation or prosecution, including criticism of public officials.

ADF International represents five Brazilian legislators before the Inter-American Commission on Human Rights, all challenging the 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 the 2024 X ban in Brazil during the municipal elections period.

Censorship in Brazil has been a persistent and escalating problem since 2019.