The Brazil Supreme Federal Tribunal has made homophobia and transphobia a crime.
Last June 13, with a 8-3 vote, the court approved that violence and other crimes that are motivated by homophobia will be prosecuted. This will be part of the already in place racism crime law, which has been illegal in Brazil, until Congress approves its own legislation on the matter.
Racism was passed as a crime in 1989 with racial discrimination punishable of up to five years in prison.
“Sexual orientation and gender identity are essential to human beings, to the self-determination to decide their own life and seek happiness,” said Justice Gilmar Mendes, of the Supreme Federal Tribunal .
The ruling came just at the right time, as some citizens have been living in fear that the country is becoming more and more hostile towards the LGBTQ+ community.
The trial started in February and was finalized in June when the five supreme justices voted, with the majority already formed last May 23 in favor for criminalising homophobia and transphobia.
Court President Dias Toffolo, as well as Justice Ricardo Lewandowski both voted against the criminalization stating that it’s the Congress’ responsibility to criminalize a certain behavior. Marco Aurelio Mello, another that voted against it said that the Supreme Court has not been able to establish laws which was omitted by the Legislature.
The Supreme Court ruling also “does not interfere with or compromise religious freedom,” said Minister Celso de Mello. It means that freedom is not a guarantee for religious leaders who may debate that homosexual behavior is against their beliefs. “Provided that such manifestations do not constitute hate speech, or incite discrimination, hostility or violence against people because of their sexual orientation or their gender identity,” the Justice said.
As of the moment, the punishment for offenders still remains unclear.
President Jair Bolsonaro, who was voted in January 2019 has a known history of making sexist, homophobic and racist remarks. Last April, he was under criticism for saying that the country can’t be a ‘gay tourism paradise.’
According to a human rights group, at least 141 LGBTQ+ people have already been killed in Brazil in 2019 alone, and 420 more were killed the year before.
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