A majority of the Supreme Court voted (six votes out of 11) this Thursday to criminalize homophobia and transphobia. The two will be inserted into the law that criminalizes racism until Congress approves a specific bill.
The judgment, which started in February, was completed yesterday, one day after a Senate committee voted to advance a proposed bill that would criminalize LGBT discrimination.
This Thursday, the votes of Rosa Weber, Luiz Fox, composed the majority with those declared by Celso de Mello, Edson Fachin, Alexandre de Moraes and Luis Roberto Barroso. "I understand that the right to one's individuality, sexual identities, and gender is one of the main elements of a human person," declared Weber in her statement.
Fux said that the judiciary is not creating a criminal figure by framing homophobic conduct within the racism law, but only interpreting the legislation within the constitution.
Deputy Sóstenes Cavalcante (DEM-RJ), of the evangelical faction, the Supreme Court is "usurping Congress' competence." "I think it's wrong, but I respect it."
Translated by Kiratiana Freelon