Equiparação da LGBTQIA+fobia ao racismo no Brasil: análise jurídica e constitucional à luz do MI 4733 e ADO 26 e a ótica jurisprudencial do Tribunal de Justiça de Mato Grosso do Sul.

Abstract

This article analyzes the equalization of the discrimination against the LGBTQIA+ population to racism in Brazil, focusing on the decisions of the Federal Supreme Court (STF) in the judgments of Writ of Injunction (MI) 4733 and Direct Action of Unconstitutionality by Omission (ADO) 26, and on the subsequent jurisprudential application by the Court of Justice of Mato Grosso do Sul (TJMS). The central objective is to analyze the legal grounds for equating homotransphobia with racism, propose reflections on the need for specific legislation to protect the LGBTQIA+ population, and also investigate the impact of the STF's decisions in concrete cases within the TJMS. The research contextualizes the historical and persistent violence suffered by sexual and gender minorities in Brazil, highlighting the legislative omission in specifically criminalizing homophobia and transphobia. Based on concrete data extracted from the understandings of the TJMS, the study concludes by reiterating the urgent need for specific legislation to criminalize homotransphobia, in order to ensure greater legal certainty and effectiveness in the protection of sexual and gender minorities in Brazil.