Equality: Homophobia And Transphobia Declared Illegal In Brazil

Despite having a president who has blocked an anti-homophobia law, it looks like LGBTQ activists in Brazil have still won a victory as the country’s Supreme Court has declared that transphobia and homophobia should be made illegal. 

On the ground, it means crimes against the LGBTQ community are equal to racist crimes, with offenders possibly facing five years in prison if found guilty.

According to the Los Angeles Times, six of the 11 Supreme Court judges ruled in favor, with the other five set to vote on June 5. However, even if they all voted “no,” the outcome would still be the same.

The decision came about after the Popular Socialist Party and the human rights group ABGLT brought two cases to the Supreme Court. Both groups say that it was unconstitutional for the Brazilian Congress not to declare anti-LGBT violence illegal.

The ruling could not have come at a better time, as last year saw 387 homicides that were the result of homophobia happen in Brazil. In fact, 40 percent of all the anti-LGBT hate crimes in the world last year happened in Brazil.

This decision is also a welcome piece of good news especially after Kenya’s High Court decided to uphold its anti-LGBT laws.

With this Supreme Court decision, Brazil joins Switzerland as one of the countries that send people to jail for homophobia and transphobia. The other countries that have jail time in store for homophobes include Austria, France, and Denmark.

Adam4Adam blog readers in Brazil, we want to hear your thoughts. What is the mood like among the LGBTQ community there with regards to this decision? Supreme Court decision aside, have things become better or worse for the LGBTQ community under Bolsonaro’s regime? Share your stories with us in the comments section below.

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  1. Libertarian Queer

    Why didn’t you mention the US? Is it legal to assault or kill queers & lesbians in the USA? How about Canada, is it legal there? What about if somebody doesn’t mind the sexuality of the victim but beats the hell out of them anyway because the victim is an asshole or just on general principles? Is that still homophobia in Brazil? Or Switzerland? Can those who are queer go around bad mouthing queers or str8s without fear of prosecution?

    I swear, as a group, the LGBT community is just about the best example of how much of a bunch of cry-babies some people can be. Sure, they’re not all like that but lots of them are. It’s really pathetic. I’m not ashamed that I prefer dick over pussy but I am ashamed to sometimes be associated with pathetic cry-babies just because I like dick. Why, it’s no wonder that throughout the ages homosexuals have been murdered, tortured, and generally despised. Just look at the way some of them act and how they treat each other some times. Throw an uncommon sexuality on top of that and I can easily see why str8 people have treated them the way they have over the years. The stereotypical conclusion is easily arrived at.

    I haven’t read the decision in Brazil yet but from what I can see of the Swiss law it amounts to a thought crime. Let that sink in a little bit. In Switzerland and other Euro counties one can be prosecuted and jailed for their thoughts about homosexuality and those who practice it. As an American, I find that utterly repugnant. I find it equally repugnant that Germany has outlawed any talk of their former Nazism as if to try and wipe their stain from history. But when one compares the thought police from either era one can easily see the fascism of both.

    To me, hate crime laws are stupid and unnecessary. They’re stupid because one can’t legislate thoughts. They’re unnecessary because crime against a person was ALREADY ILLEGAL. So why did this BS arise? Was it because the enforcers of laws were just as biased as those who committed the criminal acts and therefore the criminal acts went unpunished? Is it because politicians found it more pallatable to add further prosecutorial vengeance to the criminals’ punishment rather than punish the enforcers who were shirking their duties? Did vote pandering enter into the picture? Neither would surprise me.

    Oh well, fuck Europe, fuck Brazil, fuck LGBTQXYZMNOP activists, and fuck me some hot boi ass right after I suck the cum out of his dick. Anybody got a “Get out of jail FREE” card I can borrow?

    • Nathan

      I agree with you!

      You cannot legislate the mind; all that is being done is setting up the individual governments as humane enities…to preserve existence and continued power.

      Push, Push, in-the-Bush tried to add a codicil on to The Constitution to mandate “Marriage” as “strictly” between a male and a female. Obviously, wiser minds prevailed.

      Brazil is impoverished and intolerant. I suspect, the Brazilian Government, passed the incidentals to protect its tourists and encourage increased tourism.

      The poor, as such, pay their government no more mind than we pay our politicans…regardless of Party.

      Such is the prime example of the futility of legislating a Peoples’ mind.

      • Barry-NJ

        “I swear, as a group, the LGBT community is just about the best example of how much of a bunch of cry-babies some people can be.”

        Hate crime laws in the US and elsewhere also apply to crimes where victims are selected because of their race, sex or religion. Does that mean that everyone is a crybaby?

        By the way, Germany doesn’t ban “any talk” of its Nazi past. Indeed, Mein Kampf has been available there for several years. It does ban Nazi symbols, “glorification” of the Nazi past, Holocaust denial and so forth. But, not talk or discussion of Nazism. Many of those are the same restrictions that the Allies, including the US, imposed after WWII. As an American, I find those measures to be extreme and offensive. Restrictions on speech/symbols in the name of preserving social harmony can also be used to prevent the emergence of new, unsettling ideas such as gay rights. But, when a philosophy or movement has resulted in the utter destruction of an entire country, I think that a case can be made for targeted restrictions.

        • Libertarian Queer

          Yes. Hate crime laws expand the definition of cry-baby. As I pointed out, crimes against the person are already illegal. Does the motive really matter? We’re not talking employment or public accomodation here, we’re talking about crime against the person. Hate crime laws, on the basis of race, elevate the status of somebody criminally harmed above that of somebody else similarly harmed. On the other side of it, young black men playing the knockout game with white people don’t get charged with hate crimes but young white men doing the same with black people do. Both criminally harmed people but why are the sentences for one more than the sentences for the other? You cannot eliminate racism or inequality when policies like this are in place because these policies themselves are racist and unequal in their treatment of citizens.

          OK, I was off a little bit on the German/Nazi angle and I stand corrected. But, just how free is German society when mere symbolism is outlawed? Yet, they allow and seem to invite the refugee middle easterners into their country to abuse their women and wreak havoc. But that’s Germany and as a sovereign nation they can do whatever they want I suppose. Your point, however, is well taken. When do we start targeted restrictions against those who would attempt to change the USA from a Constitutional Republic into a socialist democracy be it by forcing working citizens to give to the welfare state or allowing unchecked illegal immigration of third world people who won’t assimilate and suck resources from the working citizenry? It would seem kind of dumb to wait until the movements have resulted in the destruction of the Republic, don’t you think?

  2. Discobug

    If I murder 1 person my crime is lesser than if I murder 1,000. Hate crimes are deemed worse than non-hate crimes because they harm everyone in a particular class and the society at-large. So if I’m white and I murder someone white that is different than if I lynch a black man because that hate-crime not only takes one individual’s life but perpetuates racism which is corrosive to society at-large and the act was meant to intimidate and terrorize other blacks so I’ve harmed them as well. So yes, it is elevating one kind of assault as worse than another…because it is.

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