A criminalização da conduta homofóbica: análise sobre a omissão do legislador diante da questão da discriminação em razão da orientação sexual e da identidade de gênero

Abstract

Violence against LGBT public has risen, causing severe consequences to the routine of this minority group. Though fated to invisibility, the homophobia issue has been increasingly discussed. With the discussion, bills with the intent of criminalizing such behaviors have started to appear, such as PL 122/2006. This paper has as a goal analysing the legal likelihood of criminalizing homophobia through the lens of personal human dignity and other constitutional principles. This analysis results in a study on the theses that safeguard protections for LGBT people under tort law, as well as arguments opposing special protection. The approach taken was bibliographical research including other fields of knowledge. We conclude that this is a controversial theme that brings forward a range of claims, leaving no doubts, however, that homophobia is still very much present in our culture and that it has very damaging effects to brazilian democracy.