Pride flags fly over Ipanema Beach in Rio de Janeiro in 2022. (Washington Blade photo by Michael K. Lavers)
The Brazilian Supreme Federal Court this week ruled homophobia now punishable with up to five years in prison.
The justices on Aug. 21 ruled by a 9-1 margin. Their decision equates homophobia to racism in terms of prison time.
The Supreme Federal Court in 2019 criminalized homophobia and transphobia. The Brazilian Association of Gays, Lesbians, Bisexuals, Travestis, Transsexuals and Intersex People petitioned for additional protections and penalties.
“Such a decision brings legal certainty and reinforces the court’s understanding with regard to the principle of equality and nondiscrimination,” said the National LGBTI+ Alliance, a Brazilian LGBTQ and intersex rights group, in a statement. “It is an important step in the civilizing process and in the fight against hatred in Brazilian society.”
Congresswoman Erika Hilton, who is transgender, in a tweet described the ruling as a “victory against LGBTphobia.”
The Supreme Federal Court issued its ruling less than eight months after President Luiz Inácio Lula da Silva took office.
His predecessor, former President Jair Bolsonaro, faced sharp criticism over his rhetoric against LGBTQ and intersex Brazilians and other groups.
Bolsonaro, among other things, encouraged fathers to beat their sons if they come out as gay and claimed people who are vaccinated against COVID-19 are at increased risk for AIDS. The country’s Federal Police last August urged prosecutors to charge Bolsonaro with incitement over his COVID-19 claim.
The National LGBT Media Association represents 13 legacy publications in major markets across the country with a collective readership of more than 400K in print and more than 1 million + online. Learn more here: NationalLGBTMediaAssociation.com
