LGBTQI+fobia: um estudo sobre a elaboração de normas antidiscriminatórias como forma de ação afirmativa no Brasil

Abstract

It is common in Brazil to see the rights of LGBTQI + people tobe ignored socially and institutionally. Despite the state initia-tives aimed at LGBTQI+ tutelage, their ineffectiveness is notorious, since discourses of hatred and criminal acts are frequent. Using the socioanalytical method and the deductive approach,the text analyzes how the public power has dealt with this aspect in the context of sexual rights. In discussing the three-dimensional theory of law, it discusses the LGBTQI+phobia,addresses convergences between racial, gender and sexualmovements and analyzes the state’s action in the face of thedispute over the recognition of gender identity and sexual orientation. It maintains at the end that mere penalizing law isinsufficient to enforce anti-discriminatory rights and thus reflects on ways to effectively make constitutional principles andhuman rights effective