The legislative blindspot and the homophobia's criminalization

Abstract

This article sets out to analyze the role of the Judiciary, especially the Federal Supreme Court, regarding its proactive action against the legislative silence regarding the criminalization of homophobia. The aim is to evaluate the current system involving the right of LGBT minorities and the distance between legislation and the protective reality of their fundamental rights. In this perspective, the absence of specific laws on the definition of discriminatory conduct, which led the Federal Supreme Court, in a judgment still in progress, to adopt an activist stance and tend to decide favorably to the typification of homophobia after verifying the omission of the Legislative Branch. In this way, this study will provide a critical approach to this STF performance, in order to examine the fundamentals, the limits of its action and eventual obstacles to its implementation.

Keywords

• ativismo judicial. silêncio legislativo. direito das minorias. criminalização da homofobia.