This article investigates the origins and historical aspects of prejudice experienced by homosexuals and the process of recognition of equality of rights, freedom and dignity as a form of affirmation of homosexual citizenship. Despite the recent legal recognition of homoafetivas unions, homosexuality is still treated with a way to lower sexual orientation before the heteronormative default, this translates into many legislative gaps on the right to free expression of sexual orientation. A bibliographical documentary research from classical sociology was held, anthropology and law, as well as the jurisprudence of the higher courts. The study indentifies a direct relationship between sexuality and power. Despite the historical record of homosexuality existing in different times of history, it was usually treated with inferiority, either in their understanding as sin, disease and crime. It is argued that to build a substantive citizenship in Brazil, it is necessary, among other measures, criminalize homophobic practices.