THE PERSPECTIVE OF CONCRETIZATION OF FUNDAMENTAL RIGHTS OF THE LGBTQIA+ POPULATION IN BRAZIL BY THE FEDERAL SUPREME COURT
Fundamental rights, sexual rights, Supreme Federal Court, concretization of rights
The present work is about an examination of the perspective of concretizing through the Supreme Federal Court the fundamental rights of homossexual, bisexual, transgender, queer, intersex, asexual people and other whose sexuality or gender identity are not heteronormative, and suffer violence and prejudice for it. In order to achieve that, there will be an analysis about the situation of concretization in Brazil of fundamental rights to liberty, equality and safety of these individuals, as well as the possibility of improving respect to these rights by appealing to the Supreme Federal Court in demands made about the necessary fundamental rights for a dignified exercise of one’s sexuality and gender identity. In this manner, the current brazilian situation of protecting non-heteronormative individuals will be analised in the presente study, the problem being to determine if the fundamental value of the Democratic State of Law, human dignity, is being upholded for the non-heteronormative minority, using the criterium of the level of concretization of the rights to liberty, equality and safety in Brazil, on the basis of decisions of the Supreme Federal Court in the last two years. The metodology applied consists in judicial review on the Supreme Federal Court online portal, utilizing terms connected to the examined fundamental rights, selecting decisions that enable conclusions about the Court’s countermajoritary inclinations and the quality of their defense of the non-heteronormative minority.