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Being part of a wider PhD research, this paper aims to present initial reflections about the regulation of Sex Education (ES) and the legitimacy of the teacher in Early Years of Elementary School, in Brazil, and 1st Cycle of Basic Education (1st CEB), in Portugal, for their approach to children, particularly on issues related to sexuality and gender. In Portugal, Sex Education is compulsory from the 1st CEB since the approval of Law No. 60/2009 of August 6. Otherwise, in Brazil, with the approval in 2018 of the Common National Curriculum Base (Base Nacional Comum Curricular – BNCC), the terms Sexual Orientation and gender were suppressed. The suppression of these terms becomes problematic since it makes invisible discussions on issues related to sexuality and gender, such as body awareness and respect for diversity, which are also covered by the BNCC. Being a comparative study based on a qualitative methodology, at this stage will be made a documentary analysis of the Sexual Education guiding documents in both countries. This article will specifically address the diagnosis step of the research regarding the first results of documentary analysis of legislation and official documents in relation to the topics of this research. The compulsory sexuality education in Portugal made possible a systematic and specific work in dealing with sexuality and gender issues, with monitoring and evaluation of work in schools. In relation to the Brazilian reality, the challenges are different. It is also believed that not explaining the work in Sexuality Education in the Early Years of Elementary School hurts the right of access to information and the knowledge building on the subject.

Educação sexual e legitimadade do professor de ensino básico: um estudo comparativo entre Brasil e Portugal