“Criminaliza que resolve”: análise da criminalização da LGBTfobia nos casos de violência lesbofóbica a partir da perspectiva criminológica

Abstract

In 2017, Dial 100 of the Ministry of Human Rights received 1,720 reports of violations against lesbians, gays, bisexuals, transvestites and transsexuals. Of this total, 70.8% were due to discrimination. Psychological and physical violence followed, with 53.3% and 31.8%, respectively. In this context lesbophobic violence is committed against lesbian women, as a result of the intersection of gender and sexual orientation. From this, there is a great demand of the LGBTQI + Movement for the criminalization of acts of violence against its participants due to the lack of public policies that protect and safeguard the rights of those. The method chosen to be used in this work is the hypothetico-deductive that consists in the election of hypotheses that have visibility to answer a certain problem of scientific nature, so, when elected, the falsification of them is sought, in order to prove its sustainability, and lastly the proof of these hypotheses occurs, if they are refuted they should be redone. Thus, we have the following hypothesis: from the criminological studies, it is understood that the criminalization of LGBTfobia in cases of lesbophobic violencehas no effectiveness since it does not solve the social problem that is rooted in discrimination, intolerance, lack of empathy and absence of otherness, thus confirming its sustainability taking into account that the typing would only "mask" or provoke a false sense of protection to the LGBTQI + movement participants. In the first chapter we will discuss the concept of sexuality, gender and compulsory heterosexuality in order to understand the origin of the phenomenon of lesbophobia through the understanding of what each expression of it is. In the second chapter, we will analyze statistical data on where violence occurs most, as well as the main type of violence that affects lesbian women and sexual rights. Finally, the third chapter will discuss the ineffectiveness of including one more criminal type within the extensive list of crimes in the Penal Code as a way to prevent more women being raped due to their sexual orientation, emphasizing the need for public policies such as Brazil Without Homophobia, as a way to be taken to reduce LGBT phobic violence.