Criminalização da homotransfobia pelo STF : limites da resposta penal para gerar reconhecimento

Abstract

In June 2019, the Federal Supreme Court gave interpretation according to the Racism Law (Law nº 7.716/89) to cover crimes of discrimination based on gender identity and sexual orientation. The term used in the decision to designate discriminatory behavior is homotransphobia. Based on the understanding that the LGBTI community has activated the Judiciary to achieve recognition, this work aims to answer the research problem: “does the criminalization of homotransphobia meet the recognition needs of the LGBTI community?”. To achieve this objective, a study was made about the arguments of the decision, comparing the main points with the rules and principles of Criminal and Constitutional Law, to verify the compatibility of the sentence with the legal system. Finally, after presenting the Theory of Recognition from the perspective of Axel Honneth and Charles Taylor, a critical analysis of the criminal response is made to generate the desired knowledge based on the Criminal Law of the Vulnerable, a trend in which the punitive logic captures minority groups on the false promise that it can meet this demand. To think about alternatives, Nancy Fraser’s thought is presented.