Banca de DEFESA: FATIMA LAURENIA SARAIVA DE PAULA PESSOA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : FATIMA LAURENIA SARAIVA DE PAULA PESSOA
DATE: 31/08/2023
TIME: 15:30
LOCAL: https://conferenciaweb.rnp.br/sala/rubenilda-sodre-dos-santos
TITLE:

LEGAL PERCEPTIONS ON HOMO/LESBO/TRANSPHOBIA IN THE STJ FROM THE PERSPECTIVE OF GENDER AND SEXUALITY STUDIES

KEY WORDS:

LGBTQIA+. Judiciary. Superior Court of Justice. Violence

PAGES: 105
BIG AREA: Outra
AREA: Multidisciplinar
SUMMARY:

Brazil has been consolidating itself as an extremely violent country for LGBTQIA+ population. In 2022 alone, there were 273 deaths of people from this community in the country, of which 228 were murders, 30 were suicides and 15 were due to other causes, according to the Dossier “Deaths and Violence against LGBT+” in Brazil, released in 2023. Brazil is also the country where most trans people (transvestites and transsexuals) are killed in the world, having registered 329 deaths in 2019, according to the non-governmental organization Transgender Europe (TGEU). Faced with this alarming reality, and considering the relevant role of the Judiciary in the sense of guaranteeing the fundamental rights established in the Federal Constitution of 1988, this research sought to investigate the perceptions of the Superior Court of Justice (STJ), through its decisions, about crimes with homo/lesbo/transphobic motivation, over the period 1998-2022. Therefore, a search was carried out in the repository of the site of that Court on the internet, using the descriptor terms: “homophobia”; “transvestite”; “transsexual”; and “transgender”. A total of 13 (thirteen) judgments were selected, which were analyzed and further classified into: conservative decisions; neutral/impartial decisions; and progressive decisions – categories
developed for this research, based on the literature. Of the 13 judgments, 02 (two) were classified as conservative; 07 (seven) as neutral/impartial; and 04 (four) as progressive. The analysis of the results allowed us to conclude that the decisions expressed in the judgments issued by the STJ over the last 24 (twenty-four) years are neutral/impartial, the Court being, therefore, still far from fulfilling a progressive role in the sense of safeguard the physical and moral integrity of the portion of the Brazilian population that identifies as LGBTQIA+. Thus, although it does not allow inferring a reactionary profile to the Court in question, the smaller number of conservative judgments cannot be confused with a positive signal of guaranteeing the right to safety and human dignity to the LGBTQIA+ population in the country, given the also reduced number of decisions that move in that direction.

COMMITTEE MEMBERS:
Externa à Instituição - DIANA ANUNCIAÇÃO SANTOS - UFRB
Presidente - 3039630 - RUBENILDA SODRE DOS SANTOS
Interna - 2033520 - SALETE MARIA DA SILVA