THE JUDICIAL ACTIVISM AND ALTERITY: AN ANALYSIS OF THE DISPUTES OF THE DECISION OF THE SUPREME FEDERAL COURT (STF) IN THE CRIMINALIZATION OF HOMOPHOBIA

Abstract

Controversies over the Federal Supreme Court's decision to criminalize homophobia revolve around
legislative omission regarding effective legal protection of fundamental rights held by members of the
Lesbian, Gay, Bisexual and Transgender (LGBT) community. In this tuning fork, there is a junction of
the theme judicial activism which is the performance of the judiciary beyond the limits and otherness
respect for differences. Thus, the article will seek to analyze the issue regarding the controversies of
the decision of the Supreme Court in criminalizing homophobia, evaluating the activist stance of the
Supreme Court in providing answers to society as a whole and specifically the LGBT community. This
is a qualitative study, through analysis of specialized bibliography and jurisprudence. As a result, it
has been recognized that the Homophobia Criminalization Act is needed as a way of curbing
discrimination and prejudice that causes hatred and in turn causes murder in groups that are known
as minorities and are marginalized from society, protection of fundamental rights and guarantees. in
line with the principle of human dignity and the principle of equality.