Learn how topless practice can guarantee rights and perpetuate machismo

Topless is an original term in the English language, which means “without the top”. That is, this word represents the practice of women who are naked from the waist up, without pieces of clothing that cover the torso. But after all, is the exposure of breasts to the sun a crime? Lawyer Maria Gabriela Brandino clarifies the main doubts on the subject and explains the relationship between topless and the role of women in society. Check out!

Is topless a crime in Brazil?

Topless practice is not a crime, not even a misdemeanor. However, it is framed as an obscene act, which is provided for in the Penal Code. According to the lawyer Maria Gabriela, the law that typifies the obscene act is abstract and depends on the interpretation of the public agent. For the lawyer, the law aims to protect “public morals”.

“Because there is no exhaustive list of actions considered an obscene act, it makes this article subjective, vague and broad, used in order to meet the interests of collectives. Thus, the framing of conduct meets the interests based on the patriarchal and sexist structure of our society”, explains the lawyer.

Such interests are mainly related to the control and sexualization of female bodies. This is clear in the arrest of plastic artist Beatriz Coelho, who was detained for going topless on a beach in Espírito Santo in 2022. Handcuffed by the feet to a friend, Beatriz was waiting next to a man who was waiting to be seen shirtless. The nudity of men in public spaces is normalized, while that of women is harassed.

“Abstract laws are, in themselves, a full plate for the performance of misogyny, racism and sexism, as there are possibilities of violations of fundamental guarantees due to the limitation of political and public action”, says the professional.

Topless in Brazil: history and symbolism

The first record of topless in Brazil was made on Ipanema beach (RJ), in 1972, by photographer Frederico Mendes. Another record was made on Guaritas beach (RS), at the end of that year by photographer Paulo Franken. In 1980, the practice was portrayed for the first time, in prime time, in the soap opera Água Viva, by Rede Globo and approached again in several other productions such as Os Dias Eram Assim, Corpo Dourado, among others.

While the decision to sunbathe on the breasts was harassed by society and repressed by the dictatorship on Brazilian beaches, bare breasts became common at Carnival. To this day, members of samba schools parade with the region on display – although not with the same frequency. In this case, topless is only accepted in the fashion show if it is part of the proposed theme.

Still, it is a political act tied to feminism. Through it, women question the state’s control over their own bodies, the objectification of women, hypersexualization and institutional discrimination by gender. The best-known manifestation in favor of this act is Toplessaço, whose proposal is to naturalize nudity. Organizer Ana Paula Nogueira is also responsible for the Topless in Rio movement and signs the documentary Rio de Topless, which tells the story of the practice in the city.

The relationship between machismo and topless

Female nudity is still a taboo. No matter the situation, a woman’s body is constantly objectified and sexualized, transforming the act of showing her breasts or the naked body into an aggression against public morals and good customs, even if this situation is disassociated from the sexual act.

No wonder cases of breastfeeding in public, exhibitions or pieces that contain artistic nudes and posting of breasts on social networks are condemned and often censored. This is a reflection of a sexist and sexist society, which looks at the female body as an object created for male pleasure.

Machismo is also present in the acceptance of the nudity of young women whose breasts obey male beauty standards, sexualizing, once again, the act. By preventing and punishing topless women, the State allows unequal access to rights and gender discrimination by understanding that breasts are potentially harmful to society.

“The proportionality of the action that in itself does not cause harm to others in whatever the nature of the harm may be”, says Maria Gabriela, “it is not possible to speak of prejudice due to the existence of a body without restraints and, therefore, one cannot speak even in the possibility of generating an imprisonment of this body. Thus, the practice of incarcerating women performing topless is indeed gender discrimination”.

Change through law PL 190/22

Federal deputy Paulo Ramos (PDT-RJ) presented Bill 190/22 that amends the penal code to allow the practice of topless on Rio’s beaches, rivers and swimming pools. According to the deputy, “there is no reason for a civilized society to consider the exposure of the female bust a crime and normally perceive the exposure of the male. All these episodes reveal only machismo and unpreparedness”.

However, despite proposing to guarantee women’s freedom and rights over their own bodies, it does not reduce the risks of this exposure in a society with high rates of violence against women. For the lawyer, the change in the law does not change sexist behavior. On the contrary, it can favor it and expose women to gender crimes.

“By thinking that legal provisions aim to protect a specific legal asset and that the constituent body is composed of stereotyped representatives of society, what is sought to preserve, to some extent, is the very maintenance of male privileges and the detention of power and control. on the other bodies of society”.

For topless to be practiced safely, you need to listen to women. Maria Gabriela believes that debating with movements that have topless and women as their agenda, as well as society itself, is the first step towards creating a coherent and effective law. More than that, fighting machismo is the most urgent issue.

“PL 190/22 needs to consider educational actions and actions to confront the repressive and moralizing actions of the imposition of third parties on female bodies and the objectification and sexualization of nudity itself. At best, I advocate the perspective that liberation should be broad and unrestricted to specific places and accompanied by serious discussions about the naturalization of topless, facing sexualization and hypersexualization.”

To delve deeper into the issues raised by the practice of topless, read about recognizing sexism and gender inequality in your everyday life.