THE NEED FOR CRIMINALIZING HOMOPHOBIA IN BRAZIL: DEMOCRATIC FUTURE AND INCLUSION OF MINORITIES

Authors

  • Diogo Bacha e Silva Faculdade de São Lourenço
  • Alexandre Gustavo Melo Franco Bahia Universidade Federal de Ouro Preto

DOI:

https://doi.org/10.5380/rfdufpr.v60i2.38641

Keywords:

Brazilian Supreme Court. Criminalization. Democracy. Homophobia. Unconstitutional omission.

Abstract

This article aims to address the issue of criminalization of homophobia, especially through the reflection on the Direct Action of Unconstitutionality by Omission # 26 and the Writ of Injunction # 4733, both filed before the Brazilian Supreme Court (STF) and wishing to urge this Court to declare the omissive condition in which is the Brazilian State towards minorities – lesbians, gays, bisexuals, travestis, transsexuals and transgenders (LGBT) – regarding the criminalization of discriminatory behaviors that threaten their rights to freedom and equality. Therefore, we demonstrate that the constitutional project is not and should not be seen as a closed project to new subjects and new rights – the process of constitutional learning and democratic consolidation should seek the incorporation of new subjects who, at some point, suffer discrimination.

Author Biographies

Diogo Bacha e Silva, Faculdade de São Lourenço

Mestre em Direito pela FDSM. Professor e Coordenador do Curso de Direito da Faculdade de São Lourenço. Membro do IHJ. Advogado.

Alexandre Gustavo Melo Franco Bahia, Universidade Federal de Ouro Preto

Mestre e Doutor em Direito Constitucional pela UFMG. Professor Adjunto da Universidade Federal de Ouro Preto e do IBMEC-BH. Advogado.

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Published

2015-04-13

How to Cite

Silva, D. B. e, & Melo Franco Bahia, A. G. (2015). THE NEED FOR CRIMINALIZING HOMOPHOBIA IN BRAZIL: DEMOCRATIC FUTURE AND INCLUSION OF MINORITIES. Revista Da Faculdade De Direito UFPR, 60(2), 177–207. https://doi.org/10.5380/rfdufpr.v60i2.38641

Issue

Vol. 60 No. 2 (2015)

Section

Artigos

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