Supreme Court Justice Cármen Lúcia granted an injunction on Friday, February 27, allowing transgender athlete Tifanny Abreu to compete in the Copa Brasil women's volleyball semifinals in Londrina, Paraná. The ruling temporarily suspended a municipal law banning transgender athletes from city sports events. With clearance, Tifanny took the court and helped Osasco defeat Flamengo 3-0, advancing to the final.
The Brazilian Volleyball Confederation (CBV) appealed to the STF to suspend Londrina's Municipal Law No. 13.770/2024, enacted in 2024, which prohibits 'the participation of athletes identified contrary to their biological sex at birth in sports teams and competitions' in the city. The law was invoked by a motion from councilor Jéssica Ramos Moreno (PP), approved on Thursday, February 26, with 12 votes in favor and four against, aiming to bar Tifanny from matches at the Moringão gym.
The CBV argued that Tifanny is duly registered and eligible by the entity, having played previous matches without issues, per regulations allowing transgender athletes in national competitions upon meeting eligibility requirements. Osasco São Cristóvão Saúde, Tifanny's team, issued a statement noting the athlete has played professionally for over eight years, with exemplary conduct and compliance with CBV medical criteria. 'Our club is guided by sports values that promote inclusion, diversity, and respect for all individuals. We fully support our athlete and defend her constitutional right to work and practice her profession free from any form of discrimination,' the team declared.
In the ruling, Cármen Lúcia found the municipal law creates legal and social uncertainty, representing a setback in gender equality and human dignity policies. 'It is beyond reasonable doubt that there is a possibility to interpret and apply the content of Municipal Law No. 13.770/2024, which would generate great perplexity and legal and social insecurity,' the justice wrote. She partially granted the injunction to temporarily lift restrictions on Tifanny's participation in the event, barring fines or license suspensions by public authorities, but did not declare the law unconstitutional, pending merits review.
Concurrently, Paraná State Justice, through Judge Marcus Renato Nogueira Garcia, ordered the municipality not to hinder the Copa Brasil, citing potential violation of federal sports legislation authority and indications of unconstitutionality regarding transgender dignity. Sports Law expert Mariana Araújo Evangelista noted that Article 217 of the Constitution ensures autonomy for sports entities. Endocrinologist Rogério Friedman mentioned no academic consensus on transgender advantages, with current evidence focusing on testosterone levels.
Tifanny, 41, was applauded entering the court carrying a child with a support poster and scored the final point in Osasco's 3-0 win (16-21, 24-25, 17-25) over Flamengo. The São Paulo team will face the winner of Minas and Praia Clube in the final on Saturday, February 28, at 9 p.m.
