Analysis of the Criminalisation of Homotransphobia After the Change Promoted

Name: Analysis of the Criminalisation of Homotransphobia After the Change Promoted
Brand: Our Knowledge Publishing
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By Amaro de Sousa, João Matheus

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Description

In Direct Action for Unconstitutionality by Omission (ADO) No. 26/DF, the Federal Supreme Court (STF) recognised the legislative delay in implementing the mandates to criminalise homotransphobia. On this occasion, the STF developed a concept of racism that includes prejudice and discrimination based on gender, sexual orientation, sex, etc. In effect, the Court ruled that Law 7.716/1989 would apply until the advent of a specific normative act. However, this was amended by Law No. 14,532/2023 to separate racial slurs from prejudiced slurs in the criminal code, while reallocating racial slurs in the legislation to combat racism without making express reference to any of the elements of human sexuality. In this context, we seek to answer the central question: does the failure to include homotransphobia in the amendment made by Law 14.532/2023 to Law 7.716/1989 represent a backlash effect or is it an unintentional silence on the part of the legislator? In the end, it is concluded that the absence of express mention in the legislative amendment does not consist of the aforementioned effect, but an acquiescence, albeit tacit, of the jurisprudential interpretation of the term racism.

Product details

Binding:: Paperback
Number of Pages:: 76
Release Date:: 2024-10-31
Publication Date:: 2024-10-31
Publisher:: Our Knowledge Publishing
Languages:: Original: English
ISBN10:: 620826359X
ISBN13:: 9786208263591
GPSR Manufacturer Reference:: [email protected]
Weight:: 131 g
Height:: 150 cm
Width:: 220 cm
Thickness:: 5 cm

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