Brazil's Attorney General defends criminalizing homophobia.
According to Brazil's Attorney General, Rodrigo Janot, homophobia should be treated as a hate crime until the National Congress approves a specific law to regulate punishments; the opinion was sent to the Supreme Federal Court; "Reasons of constitutional equivalence, anchored in the principle of equality, impose the criminalization of discrimination and prejudice against lesbian, gay, bisexual, transvestite, and transgender citizens," argues the Attorney General; the opinion responds to an appeal by the Brazilian Association of Lesbians, Gays, Bisexuals, Transvestites, and Transsexuals against a decision by Minister Ricardo Lewandowski, who last year dismissed the same request to treat homophobia as a hate crime.
André Richter, from Agência Brasil - Brazil's Attorney General, Rodrigo Janot, has submitted a legal opinion to the Supreme Federal Court (STF) in favor of criminalizing homophobia. Janot suggests that the Supreme Court should apply the punishment for acts against homosexuals in accordance with Law 7.716/1989 (the Racism Law), which establishes prison sentences for crimes resulting from prejudice based on race, ethnicity, and religion.
According to Janot, homophobia should be treated as a hate crime until the National Congress approves a specific law to regulate punishments. "Reasons of constitutional equivalence, anchored in the principle of equality, impose the criminalization of discrimination and prejudice against lesbian citizens, both male and female." Gay Boys"Bibsexuals, transvestites, and transsexuals, since the penal repression of discrimination and prejudice based on race, color, ethnicity, religion, or national origin is already provided for by Brazilian criminal law, and there is no justification for different legal treatment, under penalty of intolerable hierarchization of oppressions," according to the opinion.
The prosecutor's statement was sent to the Supreme Federal Court (STF) based on an appeal by the Brazilian Association of Lesbians, Gays, Bisexuals, Transvestites and Transsexuals against an individual decision by Justice Ricardo Lewandowski, who last year dismissed the same request to treat homophobia as a hate crime. At the time, the dismissal was requested by then Attorney General Roberto Gurgel. There is no date set for the case to be judged.