A perspectiva da concretização de direitos fundamentais da população LGBTQIA+ no Brasil pelo Supremo Tribunal Federal
The present work is about an examination of the perspective of concretizing through the Supreme Federal Court the fundamental rights of homossexual, bisexual, transgender, queer, intersex, asexual people and other whose sexuality or gender identity are not heteronormative, and suffer violence and pr...
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| Formato: | Dissertação |
| Idioma: | pt_BR |
| Publicado em: |
Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/33332 |
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| Resumo: | The present work is about an examination of the perspective of concretizing
through the Supreme Federal Court the fundamental rights of homossexual, bisexual,
transgender, queer, intersex, asexual people and other whose sexuality or gender identity
are not heteronormative, and suffer violence and prejudice for it. In order to achieve that,
there will be an analysis about the situation of concretization in Brazil of fundamental
rights to liberty, equality and safety of these individuals, as well as the possibility of
improving respect to these rights by appealing to the Supreme Federal Court in demands
made about the necessary fundamental rights for a dignified exercise of one’s sexuality
and gender identity. In this manner, the current brazilian situation of protecting nonheteronormative individuals will be analised in the presente study, the problem being to
determine if the fundamental value of the Democratic State of Law, human dignity, is
being upholded for the non-heteronormative minority, using the criterium of the level of
concretization of the rights to liberty, equality and safety in Brazil, on the basis of
decisions of the Supreme Federal Court in the last two years. The metodology applied
consists in judicial review on the Supreme Federal Court online portal, utilizing terms
connected to the examined fundamental rights, selecting decisions that enable
conclusions about the Court’s countermajoritary inclinations and the quality of their
defense of the non-heteronormative minority. The conclusion allows for the
understanding that the decisions of the Supreme Federal Court in the cases in question
have concretized fundamental rights of LGBTQIA+ people that had been especially
threatened by legislative omission or by normatives of discriminatory nature. In this way,
the contramajoritary and concretist roles of the Supreme Federal Court are being fulfilled
in regards to the sexual rights of the LGBTQIA+ minority. |
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