Violence against Lesbian, Gay, Bisexual, Transvestite, Transsexual, Transgender and Intersexual people is a perversity that has been growing in Brazilian society. With such cruelty we can no longer compromise. It is unacceptable that the lives of Brazilians are decimated because of the sexual orientation and / or gender identity of citizens. Senator Weverton Rocha, author of the bill in the Senate
Brazil has taken an important step for the lesbian, gay, bisexual and transgender (LGBT) community with the Supreme Court ruling, on June 13, that acts of homophobia and transphobia are a crime and should receive similar sanctions as those under a statute against racism. The decision, amidst LGBTI Pride, was supported by 8 of the 11 judges in an anticipated showdown since the magistrates began debating the issue in February. The ruling by the Supreme Court is valid until Congress passes a specific law.
On December 2013, the Popular Socialist Party (PPS) filed a Direct Action of Unconstitutionality for Omission (ADO, in Portuguese) to the Supreme Court to declare the omission of the Legislative Branch on not voting on a bill that would criminalize acts of homophobia (the famous Mora Legislativa) and to force the Legislative Branch to carry its duty to draft legislation that criminalizes homophobia and transphobia, as a type of racism.
According to the PPS “all forms of homophobia and transphobia should be punished with the same rigor currently applied by the Law of Racism, under penalty of hierarchy of prejudicial categories due to the more severe punishment of certain categories over another.”
In parallel to the Supreme Court’s ruling, the Lower and Upper Houses at the Brazilian Congress, have begun efforts to pass their own bills.
The fact that the Supreme Court ruled, was important for the Chamber to resume movement with the objective of guaranteeing LGBT people the same right as all citizens have. This begins by facing the specific type of violence against them, because there are abominable attacks simply because they are gay, lesbian, trans, transvestites. There are abominable forms that cannot be accepted. And so far Brazil has no legislation in place. If we want to confront violence completely in Brazil, we must come up with a real instrument that will guarantee to these Brazilians the same level of equality to all others. For years we fought for this, and I am happy this step has been taken. Homophobia is a crime! Dep. Maria do Rosario, PGA member and author of the bill in the Chamber
In the Senate, the project of Law 672/2019 seeks to modify Law 7,716/1989 incorporating penalties for crimes of prejudice and discrimination on the basis of “sex, sexual orientation and gender identity” in addition to race, color, ethnicity, religion or national origin, which are currently covered. This bill has been approved in the first round in the Constitutional and Justice Committee of the Senate, but still needs to go through a second one and, unless appealed, it would go then to the Chamber. The evangelical group in the Senate has so far proposed three amendments to the text.
In the Chamber of Deputies, the Human Rights and Minorities Committee approved on Wednesday, June 5th a bill that makes a crime LGBTphobia and intolerance against homosexuals. Before it is sent to the Senate, the bill will be debated at the Public Security and Constitutional and Justice of the House Committees and by the plenary.
These steps are in the rights direction. Let’s hope the application of the legal framework brings justice and protection to all LGBTI persons in Brazil.
