Queer Theory and the criminalization of transfobia in Brazil

a reading from the Direct Action of Inconstucionality by Omission N.26

Abstract

In the year of 2019, the Federal Supreme Court, in an innovative decision, decided to transform homophobia and transphobia into a penal type defined in the Racism Law, however, such qualification occurred through a judicial decision and not through the common, normative way. Therefore, this article aims to analyze whether the criminalization of transphobia in Brazil promoted by the decision issued by the Supreme Court - ADO - n. 26) brings the necessary protection sought by the growing social movement, in defense of people in the condition of transgender people, called the queer movement. The methodology adopted for the present work is qualitative and the approach method is deductive, considering that it is based on the premise that the decision handed down by the Supreme Federal Court had to oblige the queer theory and met the movement's aspirations, anticipating the any legislative provision. It was concluded, through the results, that the queer movement influenced the decision that culminated in the criminalization of transphobia and homophobia by the Supreme Federal Court, meeting the growing demand of the queer movement, given the urgency in protecting this part of society and evident legislative inertia.