The criminalization of homotransphobia by Supremo Tribunal Federal

Abstract

Considering the case of the criminalization of homotransphobia by the Federal Supreme Court, this article aims to verify the need for legal protection for affected and discriminated groups, described here as Lesbian, Gay, Bisexual and Transgender, in addition to identifying and discussing the requirements for the creation of a criminal offense and analyze the decision of the STF on the criminalization of the subject. The work used a deductive method, supported by bibliographic review techniques and analysis of Brazilian legislation and jurisprudence. It was found that, ideally, homotransphobia should be criminalized through ordinary legislation, which is the exclusive competence of the legislative power, and the role of the STF is configured as judicial activism.