O STF e a criminalização da homotransfobia: omissão legislativa seletiva e o papel do judiciário na garantia de direitos fundamentais

Abstract

Thus work has as research object the corpus the judgment of the plea for Unconstitutionality by Omission nº 26, whose object consisted in recognizing the legislative omission in criminalizing discriminatory conducts against LGBTQIAP+, the present work sought to apprehend how the ministers of the Brazilian Federal Supreme Court constructed their arguments in favor of the criminalization from the following categories: the unconstitutional omission and the legislative delay of the National Congress. In addition, it sought to unravel the ministers' positions about the role of the Judiciary in the enforcement of rights by so-called minority groups, using what they call a countermajoritarian stance, part of what would be the mission of the Supreme in the defense of democracy.