A PERPETUAÇÃO DA VIOLÊNCIA CONTRA A COMUNIDADE LGBTQIA+ EM RAZÃO DA OMISSÃO DO PODER PÚBLICO

Abstract

Brazil is the country that kills the most LGBTQIA+ people in the world. Considering this scenario of extreme violence, this monograph aimed to study the responsibility of the Public Power in these deaths, by analyzing the constitutional powers of each Power and its consequent participation, active or omissive, in the violation of the fundamental rights of the LGBTQIA+ population. Public policies aimed at this social group were also analyzed, as well as the legislation that protects their rights. An analysis of the social and political situation involving this group was also carried out, considering that it is essential for citizens and collective entities to be able to demand actions from those responsible to change the scenario of deaths, discrimination and social exclusion according to which they are subjected to those people. who do not fit into social standards of sexual orientation and gender identity. In this sense, the work analyzed the criminalization of homophobia carried out by the Federal Supreme Court in the records of ADO nº 26, due to the omission of the National Congress in its function of legislating on the subject. The realization of the fundamental rights of the LGBTQIA+ population is the result of an intense struggle of the community combined with the political will of the rulers to implement the rights provided for in the constitutional text.