The criminalization of lgbtfobia in Brazil

Effects and perspectives

Abstract

The paper aims to debate the repercussion after the decision of the Supreme Federal Court (STF) to criminalize LGBTphobic practices through Writ of Injunction 4733 and Direct Action of Unconstitutionality by Default (ADO) nº 26. The decision presents a pedagogical character bringing visibility to the movement. Even after criminalization, it can be seen that it had no real impact for transgender people. The number of violence recorded by this group continues to increase. The developed research has a qualitative nature, it will use the theoretical documental method, with hypothetical deductive technique, being carried out bibliographic research with materials already published. The paper will be divided into three sections: a brief history of the LGBTQIA+ movement in Brazil, covering the issue of LGBTphobic violence; an analysis of Writ of Injunction 4733 and the Direct Action of Unconstitutionality by Default 26; and the effects of criminalizing LGBTphobia as a mechanism for social and cultural change. It has been observed, based on the studies conducted and presented here, that the criminalization of LGBTphobic behavior has not resulted in significant changes in the lives of many members of the LGBTQIA+ community. For the transgender community specifically, as stated throughout this work, the numbers of murders and violent crimes have continued to rise even after criminalization.