The highest judicial authority in Brazil has criminalized homophobia and transphobia, providing legal protection not only to the LGBTQIAPN+ community but to every individual. The Supreme Federal Court of Brazil has ruled that actions causing harm to a person are classified as criminal offenses in Brazil when committed out of hatred. This is another significant legal decision in the fight against homotransphobia, which exists in society due to unscientific statements, the use of hate speech, manipulation, and false information in socio-political discourse. The approach of the Brazilian court once again emphasizes that regardless of a person’s views and beliefs about LGBTQIAPN+, legal protection must be provided to everyone.
Therefore, actions committed out of homotransphobia, including personal insults and the use of hate speech to incite hostility that result in harm to the victim, may lead to criminal liability in the form of imprisonment ranging from 2 to 5 years.
The Supreme Federal Court of Brazil consistently takes a stance in defending individual autonomy from persecution and encroachments on life and health. In 2011, the court recognized same-sex marriages as constitutional (ADI 4.277/2011) and made same-sex civil partnerships possible (ADPF 132/2011). In 2018, the Supreme Federal Court of Brazil allowed transpersons to make changes to their personal documents without undergoing gender transition surgery. In 2019, the court recognized that homophobia and transphobia could be criminally punishable (ADO 26/2019 and MI 4.733/2019) concerning the LGBTQIAPN+ community, and in 2020, it confirmed the possibility for LGBTQIAPN+ individuals to be blood donors.
And now, in August 2023, the court has made a decision to protect LGBTQIAPN+ individuals from crimes motivated by homotransphobic hatred.
Prepared by Dmitry Denisov (lawyer, volunteer)