A criminalização da homofobia no Brasil e os instrumentos legais de combate à violência por orientação sexual e identidade de gênero.

Abstract

The present study has as its purpose to analyze the legal possibility of the criminalization of homophobia, based on the assumption that in the last decades, there has been a growing wave of disrespect and violations of fundamental rights in relation to LGBT people. In spite of the mentioned criminalization finding support in constitutional principles and in a series of values enshrined in the Major Law, such as: the dignity of the human person, the equality, the freedom and the prohibition against any kind of discrimination, the bills that aim to criminalize them have not received adequate treatment in the face of other types of prejudices and discriminations that plague the country, thus walking slowly at the National Congress and, in other cases, even being shelved, because of the legislative delay regarding its voting, as occurred with the Bill of the Chamber no. 122/06. It is a fact that various discussions around this issue have gained space in the country, either by the fighting of the LGBT movement in defense of this category, as well as by the political, social and religious influences that resist the approval of any project with this content. Given this situation, the legal framework is analyzed in the country in order to point out that several discriminatory practices have already been typified under the penal scope optics, and there are no reasons, therefore, to justify any attempt of exclusion, restriction of fundamental rights or violence against this minority, since, the right to sexuality, free sexual orientation and gender identity are legally important goods in the light of the constitutional text, the Criminal Law as the strongest arm of the State cannot remain inert in face of such conduct, and must therefore respond in a proper manner to the confrontation of homophobia as a social problem. To do so, we made use of the bibliographic research and the method of deductive approach.