A decisão do Supremo Tribunal Federal de criminalizar a homotransfobia no Brasil e sua concordância com os princípios penais constitucionais

Abstract

The proposed theme of “The decision of the Supreme Federal Court in criminalize the homotransphobia on Brazil and its agreement with the constitutional criminal principles” aims to contribute with the foundation of arguments in defense of a group in situation of indisputaple risk and vulnerability, as social as legal, that is, the LGBT+ community. It’s crucial to point that the Brazil it’s the cowntry with the greatest violence registreated against LGBT+ and the Legislative Power until now insists in keep silence about the subject while the numbers of victims continues to grow. In front of that, denotes the movement of the judiciary in defense of such sexual and gender minorities, even in the face of manifest disapproval in various social and legal segments. Thus, this reasearch goals to show at first, that the right to life, integrity, sexual liberty, and human dignity of the ones with discordant streights attitudes and postures, have been historically violeted in Brazil, tranforming the LGBTphobic action in an institutional and social legitimated violence that needs the criminal guardianship conferred by the Supreme Court in the trial of ADO 26. Posteriorly, this paper wants to make it clear that such criminalization does not go agaisnt the basic principles of Criminal Law, also they do not configure the unproportional exercise of the last resourse of the State, beyond do analyze the judgment of the Federal Supreme Court that had criminalized the homofobia and transfobia in Brazil, equating such acts as racism, punctuating its agreement with the constitutional criminal principles that outline the state jus puniendi as well as stress ing the non-configuration of criminal expansion in this case.