Giacomazzi, Viviane BortoliniMäder, Júlia Raíssa2024-03-042024-03-042020https://repositorio.uricer.edu.br/handle/35974/547The present research concerns about the discrimination suffered by the LGBTI+ population and the “Supremo Tribunal Federal” decision which criminalized homophobia. The research’s main goal is to verify the influence which discrimination of this group had in the arguments presented in the judgement of “Ação Direta de Inconstitucionalidade por Omissão nº 26/DF”. For this end, a landscape of discrimination, racism and homophobia was made, followed by the general analysis of the case, punctuating the winning and losing thesis presented on the trial and, at last, an approach concerning affirmative actions for LGBTI+ people. For this reason, the bibliographic research technique was used, as well as the deductive approach and the monographic procedure method. Considering the performed studies, results in the sense that sexual minorities are marginalized and represent a vulnerable group of society were obtained. For this reason, they must receive distinct treatment when compared to majority groups, in the sense that there is an increased difficulty for them to access their rights. Therefore, it can be concluded that discrimination towards the LGBTI+ community directly influenced the decision proffered by the Supreme Court, and that the outcome of the trial positively impacts the life of the mentioned population, in the sense that the previous absence of punishing rules for homophobic conducts allowed the group’s fundamental rights to be violated without any adequate action being taken by the State. Besides that, it was possible to observe that the criminalization of homophobia is not the only way to promote sexual minorities’ rights, subsisting the need for other measures to be taken by the State, as, for example, the implement of affirmative actions which could contribute to the social inclusion of these groups.pt-BRDireitoDiscriminaçãoHomofobiaRacismoTrabalho de Conclusão de Curso