The subject of gender and sexuality is one of the most controversial issues in education policy over the last decade. This dissertation problematises this issue with a view to identifying its presence in certain legislation relating to teaching policies and teacher training for children. The research was carried out using a historical-critical approach with the support of bibliographical research and documentary analysis, using dissertations, theses and legislation on the subject as research objects. After carrying out a historical and conceptual review of gender and sexuality, research papers related to the subject were analysed.The study analysed the provisions of the LDBEN/1996 and its regulatory documents in relation to gender and sexuality, with the aim of identifying the national curriculum guidelines for the education of children, as well as teacher training for teaching them. To this end, it highlights the DCNs for Early Childhood Education (RES. CNE/CEB Nº5, 2010), nine-year Primary Education (RES. CNE/CEB Nº 7, 2010); and the Pedagogy Course (RES. CNE/CP Nº 1, 2006).