Aspects of the factual and legal context of the debate on the criminalization of homophobia and transphobia

a qualitative and quantitative analysis of legislative omission in light of the (social) appeal to the Supreme Federal Court.

Abstract

This brief study aims to investigate the factual and legal circumstances surrounding the criminalization of homophobia and transphobia, especially regarding the reasons for its judicialization before the Supreme Federal Court (STF), given the legislative omission on the matter. From this perspective, a qualitative analysis will evaluate the arguments and theoretical basis for freedom of sexual orientation, as well as the difficult relationship between the Legislative and Judicial branches concerning issues of social relevance and borderline scope regarding the sphere of action of these branches, which tend to bring their functions into conflict. Furthermore, a quantitative analysis of data and information on the inertia of the National Congress will be conducted, consulting its respective virtual databases available on the World Wide Web. The research methods employed are descriptive and analytical, given the different perspectives used in this work, resulting in the reflection that the Supreme Federal Court (STF) is considered a reliable and efficient channel to promote the necessary definitions regarding the criminalization of homophobia and transphobia, considering the context of legislative omission presented.