Criminalização da LGBTfobia e Política Criminal: Reflexões Críticas à Luz do Abolicionismo Penal

Abstract

demand, there is some controversy regarding this, due to the risks that such a decision may entail within the criminal and social system. Thus, the objective of this paper is to analyze the main implications of lgbtphobia’s criminalization in the social and criminal system, in the light of criminal abolitionism’s theory. Therefore, the method used was exploratory and bibliographic, from the survey of works related to the theme. We start from an analysis of criminal policy, the function of punishment and criminal populism, to build the basis of this work and the research’s problem, in order to understand the demand for more criminal law. On the one hand, we’ll understand the official and ideological discourses of the penal system and, on the other, we’ll visualize their real and hidden functions. Afterwards, the problems surrounding the criminalization of lgbtphobia were interpreted in the light of criminal abolitionism. We note that the use of criminal law does not seem to be able to curb such practices, as they are deeply rooted in culture, so that criminalization rather than solving or mitigating a problem will rather deepen the imbroglios caused by the penal system, as well as reinvigorating its (i)legitimacy. The conclusion we have reached is that criminal law has nothing to contribute to the reparation of the victim public, given that the central objective of criminal proceedings is the mere punishment of the offender, while the victim assumes the tertiary role, extra of the criminal procedural script. Thus, in a false discourse of a preventive instrument - being more punitive - the dominant narratives of criminal law maintain a state of unconstitutionality, so that it is configured more as a multiplier of problems, rather than solver, being insufficient, inadequate and representing a obsolete system in the fight against LGBTphobia.