Brazil’s Supreme Court ruled on Tuesday (August 22) in a landmark judgment that homophobic remarks will now be punishable by prison time.
“We need to celebrate, yes! It is a victory against LGBTPHOBIA,” said one of the netizens
The decision has been positively hailed by the LGBTQ+ community, which has been subjected to widespread violence in the country. Homophobic insults have been placed on the same legal level as racial hate speech, according to an almost unanimous 9-1 verdict. The judgment, according to Justice Edson Fachin, is a “constitutional imperative” to provide LGBTQ+ persons with equal legal protection. Brazilians were overjoyed with the announcement and turned to social media to celebrate.
“We need to celebrate, yes! It is a victory against LGBTPHOBIA,” said one of the netizens while another added: “I lived to see such a decision. The movement continues.” Meanwhile, a third said: “Important achievement, but a mark of how backward Brazil is The Supreme Court had to equate LGBTphobia with racial slurs/racism because Congress refuses to legislate on this topic. Brazilian law simply does not directly punish LBGTphobics!!”
The Brazilian Supreme Court declared homophobia and transphobia to be crimes on par with racism in 2019
Notably, the Brazilian Supreme Court declared homophobia and transphobia to be crimes on par with racism in 2019. In 1989, racism was declared a crime in Brazil, with prison penalties of up to five years. However, the 2019 judgment related to hate speech directed at the entire community rather than specific people. The verdict on Tuesday makes this legal, and any hate speech will now be penalized by prison sentences ranging from two to five years.
Experts claim that such strict measures are required, particularly in a country like Brazil, where transphobia and homophobia are prevalent. According to the rights organization Transgender Europe, 228 LGBTQ+ people were murdered in 2022. Between 2008 and 2022, 1,741 community members were killed.