The Porto Alegre nightclub that had been condemned in the first instance for the crime of transphobia was cleared in the second instance. The RS Court understood that there is not sufficient proof that the trans man was effectively prevented from using the men's bathroom or subjected to discriminatory treatment. Remember the case below. In a unanimous ruling by the 10th Civil Chamber, handed down on May 28, 2026, the judges understood that there was not sufficient proof that the trans man had been prevented by the Opinião Bar from using the place established for male clients or that he had been subjected to discriminatory treatment. The rapporteur, judge Marcelo Cezar Muller, pointed out weaknesses and contradictions in the evidence and concluded that the reported embarrassment does not constitute, in itself, compensable moral damage. As a result, the panel dismissed the action as unfounded. Remember the case In September 2025, the 4th Civil Court of the Central Court of Porto Alegre ordered a nightclub in the capital to pay R$10,000 in compensation for moral damages to a trans man who filed a complaint after allegedly being prevented from using the men's bathroom by security guards, at an event in August 2023. The decision indicated that he had been a victim of transphobia.
Nightclub is cleared in 2nd instance of accusation of transphobia; Court sees no evidence that man was prevented from using bathroom
The Porto Alegre nightclub that had been condemned in the first instance for the crime of transphobia was cleared in the second instance. The RS Court understood that there is not sufficient proof that the trans man was...
Bar Opinião, where the case took place, denied the practice of transphobia, claiming that it only instructed the man to use the men's bathroom on the upper floor, as the bathrooms on the ground floor would have been intended exclusively for women due to the majority female audience. The house stated that “it has always been a space of welcome and diversity” (read the full statement below). ? Access the g1 RS channel on WhatsApp At the time, to g1, the young man, whose identity was preserved, reported embarrassment. "I felt devastated, because I had never experienced this. It was a basic need," he said. The episode led him to leave the event and, the next day, publish a report on social media. How to report The Police Station to Combat Intolerance (DPCI) serves the public to record occurrences of crimes related to its area of ??operation on Avenida 24 de Outubro, 844, Moinhos de Vento neighborhood, in Porto Alegre. Opening hours are Monday to Friday, from 9am to 5pm, without a break. The DPCI has a specialized structure to combat crimes of intolerance motivated by color, race, ethnicity, religion, origin, disability, sexual orientation or gender identity, in addition to combating extremist groups. What the establishment said "Bar Opinião informs that it is following the process and will only express itself publicly after its final decision. Throughout our 42 years of history, we have always defended and valued diversity, which is a fundamental part of our identity. Bar Opinião is proud to be a safe space for cultural, social and artistic manifestations of the most varied origins. We reaffirm here our permanent commitment to combating any form of prejudice, intolerance or discrimination." VIDEOS: Everything about RS
