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RO law that prohibits students from participating in activities about sexuality and gender is unconstitutional, says TJ

Illustrative image to represent justice Magnific/ia The Court of Justice of Rondônia (TJRO) declared on Monday (17), unconstitutional State Law No. 5,788/2024, which prohibited the participation of children and adolescents in events,...

By 365 Breaking News Editorial Team 4 min read Rondônia
RO law that prohibits students from participating in activities about sexuality and gender is unconstitutional, says TJ
365 Summary

?Download the g1 app to see RO news in real time and for free According to the Court, the rule that also provided for punishments for organizers and legal guardians is no longer valid in the state. During the session, two separate Direct Unconstitutionality Actions (ADIs) were presented against the law.

  • As they dealt with the same subject, the cases were gathered and analyzed together by the Full Court, under the report of judge Álvaro Kalix Ferro.
  • The Full Court's decision came after the judgment of two Direct Unconstitutionality Actions (ADIs).

Editorial reading aid based only on information contained in this story and its identified source.

Illustrative image to represent justice Magnific/ia The Court of Justice of Rondônia (TJRO) declared on Monday (17), unconstitutional State Law No. 5,788/2024, which prohibited the participation of children and adolescents in events, demonstrations and activities about sexuality, gender identity and sexual orientation. ?Download the g1 app to see RO news in real time and for free According to the Court, the rule that also provided for punishments for organizers and legal guardians is no longer valid in the state. During the session, two separate Direct Unconstitutionality Actions (ADIs) were presented against the law. As they dealt with the same subject, the cases were gathered and analyzed together by the Full Court, under the report of judge Álvaro Kalix Ferro. The Full Court's decision came after the judgment of two Direct Unconstitutionality Actions (ADIs). The judges understood that the rule presents problems in the way it was created and in its content. Read also: Young people are victims of violent homophobic attacks in RO Rondônia is the 2nd state in the North that committed the most crimes against LGBTQIAP+ people in 2023, says yearbook 'I just wanted to get out of there and cry': receptionist denounces transphobia in the Court of Justice of Rondônia Invasion of federal jurisdiction According to the TJRO, the first problem is that the state legislated on a topic that already falls under federal jurisdiction, dealt with by the Child and Child Statute. Adolescent (ECA). For magistrates, state law created a broad prohibition without support from national standards. The decision also pointed out that the law interfered with the autonomy of parents and guardians to decide on their children's participation in events. The court understood that the state cannot limit this choice or create punishments without provisions in federal law. The judges also identified an original error: the proposal came from state deputies, but created inspection and fine application functions for the Executive Branch. This type of administrative measure is the sole authorship of the governor. :

Right to diversity As for the content, the court assessed that the law mixed different situations. The rule equated content inappropriate for children with topics of sexual orientation and gender identity, which are part of human diversity and the free circulation of ideas guaranteed by the Constitution. The TJRO highlighted that the decision does not leave children and adolescents unprotected against inappropriate content, since the ECA already provides for protection mechanisms. With the decision, the Full Court judged the actions to be valid and declared the total unconstitutionality of the law with retroactive effect. This means that the norm is considered invalid since its origin. Understand the case In July 2026, the Legislative Assembly of Rondônia (ALE-RO) approved a law that guaranteed parents and guardians the right to decide whether their children could participate in school activities that dealt with gender-related topics. The text established that public and private schools should notify those responsible in advance about carrying out activities that address issues such as gender identity, sexual orientation, sexual diversity and gender equality. After communication, parents or guardians should formally inform, in writing and with signature, whether or not they authorized the students' participation. The rule also determined that educational institutions respected the decision of those responsible. In case of non-compliance, schools could be subject to the penalties provided for in the legislation. However, in August 2026, the law was declared unconstitutional by the Rondônia Court of Justice (TJRO). Legislative Assembly of Rondônia - Alero - ALE-RO Antônio Lucas