Criminalização da homofobia no Brasil: legitimidade e possibilidade por meio da ADO 26/DF?

Abstract

In view of the high numbers of violent crimes against the LGBT community and the recent decision of the STF in ADO 26/DF that criminalizes homophobia, this monograph work aims to study the legitimacy of this criminalization given the legal system and social need. Besides that, it also analyzes the possibility of typifying a new conduct by means of a judicial decision. To achieve this, a wide bibliographic study, through jurisprudence, legislation, articles and books related to the theme were essential. First, this monograph presents the fundamental concepts for understanding homophobia, such as gender identity and sexual orientation. Then, it addresses the factors that legitimize the criminalization of homophobia, such as the constitutional provisions, the similarity with other existing criminal types of discrimination and the social need for criminalization. Finally, it explores the historiography of homophobia in Brazil, going through attempts to criminalize it, until the typification occurred by decision of the STF in ADO 26/DF.