Homophobia and Transphobia is a crime now in Brazil


A majority in Brazil's supreme court has voted to make homophobia and transphobia crimes like racism, a decision coming amid fears the country's far-right president will roll back LGBTQ social gains.

Six of the Supreme Federal Tribunal's 11 judges have voted in favor of the measure. The five other judges will vote in a court session on June 5, but the result will not be modified. The measure will take effect after all the justices have voted.

Racism was made a crime in Brazil in 1989 with prison sentences of up to five years. The court's judges ruled that homophobia should be framed within the racism law until the country's congress approves legislation specifically dealing with LGBTQ discrimination.

Brazil's Senate is dealing with a bill to criminalize discrimination based on sexual orientation or gender with sentences of up to five years.

"Racism is a crime against flesh and blood, whether it is a member of the LGBT community, a Jew or an Afro-descendant," justice Luiz Fux said Thursday.

The court's judges said the ruling was to address an omission that had left the LGBTQ community legally unprotected.