The Criminalization of Homophobia into the Center of The Human Rights – The Conflict Between the Visibility Right and the Creed Right

• Autor(a) principal: Muniz, Gustavo de Melo
• Data de Publicação: 2021
• Outros Autores: Gonçalves, Jonas Rodrigo, Gurgel, Caroline Pereira
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Processus de Estudos de Gestão, Jurídicos e Financeiros (Online)
• Texto Completo: https://periodicos.processus.com.br/index.php/egjf/article/view/1220
• topic: Homofobia; Homossexual; Preconceito; Criminalização; Direito; Homophobia; Homossexual; Preconception; Criminalization; Law

The theme of this article is talk about the crucial and most importante points when you argue about the criminalization of homofobia, and it means that we are going to talk about the importance of it’s criminalization, a penal sanction for homofobia inside of what it reflects and means for the Human Richts. The following problem was investigated: "Will the freedom of those who are against homossexual practices be strongly affected by the criminalization oh homofobia?” The following hypothesis was hypothesized: "there are some speeches that, depending on the approach, could be considered as a crime of homofobia, while others, because they are milder or only against, woudn’t". The overall goal is to “elucidate the importance of the criminalization of this preconception that in the eyes of Human Rights and de 88th Federal Constitucion deserves as much highlight as any other one, being only in 2019 recongized as a crime by the Direct Unconstitucional Action of Default number 26 – ADO Nº 26/DF ". The specific objectives are: "give a background about the western history of homosexuality as well as show that it has always been present in the story of the world” "; "discuss about the issue that happens between the religious’s freedom of speech, those who are against the homossexual action and visibility right of the GLS+ community "; “elucidate the consequences that are going to happen in the society with this criminalization”. This work is important from an individual perspective to discuss about this fragile point that exists in Brazil in relation to the criminalization of homophobia showing that on the Human Rights’s eyes it is a preconception just like the others and, with it’s introduction in the Penal Code anyone is obligated to be supportive to the homossexuality, but it is necessary to pay attention about what is really freedom of speech and what is not; for science, is relevant because it shows how this preconception developed today, how it works and what it represents for the GLS+ community, just like what it represents to the bases of democracy; adds to society by the fact that this demand could make society underestand that this demand is a fundamental right and completely legal, provided in the 88th Federal Constitucion and by the Universal Declaration of The Human Rights signed in 1948. This is qualitative theoretical research lasting six months