The justification is that there is still no law criminalizing the practice of homophobia and transphobia in Brazil
In the Legislative Assembly of Bahia, a bill by deputy Marcelino Galo (PT) presented in April strictly prohibits, within the scope of the public service in Bahia, the hiring of labor, both by the Public Power and by private companies that provide public services, of workers convicted of practicing homophobia and transphobia.
When justifying the proposition, the PT member informed that there is not yet a law criminalizing the practice of homophobia and transphobia in Brazil, but there has already been a position taken by the Federal Supreme Court (STF) on the matter.
He transcribed, in the justification of the project, the position of the STF, in the Direct Action of Unconstitutionality by Omission (ADO) nº 26/DF, which “judged it to be valid, with general effectiveness and binding effect to: (…) give interpretation in accordance with the Constitution, in view of the constitutional incrimination warrants included in sections XLI and XLII of art. 5th of the Political Charter, to classify homophobia and transphobia, whatever the form of their manifestation, in the various criminal types defined in Law no. , under the terms of this vote, that homotransphobic practices qualify as species of the racism genre, in the dimension of social racism enshrined by the Federal Supreme Court in the plenary judgment of HC 82.424/RS (Ellwanger case), to the extent that such conduct matters in acts of segregation that inferiorize members of the LGBT group, due to their sexual orientation or gender identity, or because such homotransphobic behaviors fit the concept of acts of discrimination and offense to fundamental rights and freedoms of those who make up the vulnerable group in question”.
Therefore, concluded Galo, given the understanding of the STF, today the practice of homophobic and transphobic conduct is considered a crime, “however such conduct is framed and punished in accordance with the criminal types established by Federal Law No. 7,716, of 1989, which defines crimes resulting from racial or color prejudice”.
He considers that his project is another measure to combat and prevent crimes against the LGBT population, “who have had their fundamental rights and guarantees usurped”.
Source: Maxima
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