Seja o queer você quiser ser: uma análise das dinâmicas entre os poderes legislativo e judiciário no reconhecimento de direitos LGBT no Brasil

Abstract

This study aims to analyze the interaction between legislative and judicial practices in recognizing the rights of gay, lesbian, bisexual, transgender, and transsexual (LGBT) individuals in Brazil. In a challenging political context, the rise of conservatism in the National Congress is evident, contrasting with the significant role played by the Supreme Federal Court, which has ruled in favor of actions to ensure the rights of the LGBT community. Consequently, the objectives include analyzing the dynamics between the judicial and legislative branches, describing the implementation of federal public policies, especially the Brazil Without Homophobia Program, understanding the growing, organized conservative religious influence in legislative bodies, and the power struggle with the judiciary, aiming to hinder the progress of rights related to sexual diversity. Additionally, the study seeks to examine LGBT rights recognized by the Supreme Federal Court in the face of the strengthening of conservative forces in Congress. Moreover, the methodology of this research is classified as qualitative social, with a documentary and bibliographic nature. Thus, efforts were made to compile judgments issued by the Supreme Federal Court related to the recognition of LGBT rights and federal public policies combating discrimination based on sexual orientation and gender identity. In summary, the decisions of the Supreme Federal Court have strengthened the rights of LGBT individuals by interpreting the law, playing a crucial role in the realization of legitimate and democratic human rights, promoting inclusion and equality, despite conservative resistances attempting to limit the rights culture for the LGBT community.