A historic 9-1 decision by the Brazilian Supreme Federal Court ruled that homophobia is a crime punishable by jail time. Justice Edson Fachin, the lead judge on the case, said that protecting LGBTQ+ Brazilians under the court of law was a constitutional imperative. Brazil is one of the deadliest countries in the world for trans people, with at least 1,741 killed in the last 14 years. Dissenting judge Cristiano Zanin argued that recognizing homophobic slurs on the same foundation as a crime of racial injury is unnecessary, but he was ultimately overruled by his peers. This decision builds off of a previous decision made in 2019, making crimes driven by homophobia and transphobia similar to racist crimes. The protections also extend to individuals with HIV, punishing discrimination of individuals with HIV for one to four years in prison. Transgender lawmaker Erika Hilton celebrated the ruling by posting “Victory against LGBT-phobia” on social media. The Brazilian LGBTQ+ community is hopeful that this decision with stop the deadly attacks against them and allow them to live authentically and safely. Post ruling, one social media user expressed the emotions saying, “I lived to see such a decision. The movement continues.” Congratulations to all LGBTQ+ Brazilians.
Now That Homophobic Bolsonaro Is Gone, Anti LGBTQ+ Slurs Become Punishable By Law In Brazil
Author
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Kal Gajraj is a certified diversity professional and human rights consultant with the US Institute of Diplomacy and Human Rights, aiming to help organizations and people leaders communicate inclusively, accelerating acceptance and empowering unity. Kal is also an adjunct professor at Miami Dade College's School of Global Business and an advisory board member of the University of South Florida's College of Business. Kal is a recipient of a Telly Award for journalism, a Stevie Award for thought leadership, and a Communicator Award for exceeding industry standards in quality and achievement in communications from the Academy of Interactive and Visual Arts.
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