DIREITOS HUMANOS E GARANTIAS CONSTITUCIONAIS PARA A COMUNIDADE LGBTQI+

BALANအO DAS CONQUISTAS E DESAFIOS NO BRASIL

Abstract

THIS ARTICLE, ENTITLED �€ŒHUMAN RIGHTS AND CONSTITUTIONAL GUARANTEES FOR THE LGBTQI+ COMMUNITY: A BALANCE OF ACHIEVEMENTS AND CHALLENGES IN BRAZIL. HOMOSEXUALITY�€ DEALS WITH THE LEGAL SITUATION OF THAT COMMUNITY AND ITS STRUGGLE FOR GREATER SUPPORT WITH REGARD TO LEGISLATION AND PUBLIC POLICIES. THE RELEVANCE OF THE RESEARCH IS JUSTIFIED BY ANALYZING A PROBLEM THAT INFRINGES ON THE RIGHT TO HUMAN DIGNITY AND THE NEED FOR PUBLIC POLICIES TO ENSURE SUCH RIGHTS. THE OBJECTIVE IS TO ANALYZE ADVANCES AND CHALLENGES IN THE AREA OF �€‹�€‹LAW, IN THE PROCESS OF ENSURING HUMAN RIGHTS FOR THE LGBTQI+ POPULATION IN BRAZIL, BASED ON PUBLIC POLICIES TO COMBAT HOMOPHOBIA AND PROTECT DIVERSITY. THE METHODOLOGY WAS BASED ON BIBLIOGRAPHIC AND DOCUMENTAL RESEARCH, AS WELL AS JURISPRUDENCE. THE STRUCTURE OF THE WORK INITIALLY PRESENTS THE HISTORICAL CONTEXTUALIZATION OF HOMOSEXUALITY THROUGHOUT HUMAN HISTORY. SUBSEQUENTLY, THE ISSUE OF HUMAN RIGHTS AND HOMOSEXUALITY WILL BE ADDRESSED, EMPHASIZING THE EQUALITY OF ALL BEFORE THE LAW, THE ACHIEVEMENT OF CITIZENSHIP AS THE ACQUISITION AND ENJOYMENT OF RIGHTS. THE CONSTITUTIONAL RIGHTS IN BRAZIL AND THE VALORIZATION OF THE DIGNITY OF THE HUMAN PERSON IN THE DEMOCRATIC RULE OF LAW, AS WELL AS HOMO-AFFECTIVE GUARANTEES IN INTERNATIONAL LAW, WILL BE DISCUSSED BELOW. FINALLY, IT WILL SEEK TO ANALYZE THE NEED FOR CHANGES IN LEGISLATION TO PROTECT AND GUARANTEE HUMAN RIGHTS FOR THE COMMUNITY, THUS PUTTING INTO EFFECT THE INDIVIDUAL RIGHTS AND GUARANTEES PROVIDED FOR IN THE FEDERAL CONSTITUTION FOR THE LGBTQI+ COMMUNITY. IN THE FINAL CONSIDERATIONS, THE STATE DETERMINES WHO HAS THE RIGHT AND WHO NEEDS TO BE PROTECTED, SOCIAL NORMS JUDGE AND CONDEMN SEXUAL ORIENTATION, LAWS ALONE DO NOT SOLVE THE PROBLEM, WITHOUT THEM EVERYTHING IS MORE DIFFICULT.