Giacomazzi, Viviane BortoliniGoronski, Charlyze Michelly dos Santos Rossetto2024-03-072024-03-072022https://repositorio.uricer.edu.br/handle/35974/596The decisions published on October 23, 2013 and June 13, 2019, Writ of Injunction: MI 4733 and Direct Action of Unconstitutionality by Omission 26, judged by the Federal Supreme Court - STF, entered the Brazilian legal system with the aim of criminalizing the homophobia and define any discriminatory acts aimed at the LGBTQI+ community using the equation to the crime of racism, as they understand that these attacks hurt the attributes inherent to the human person. The fact is that such decisions, especially ADO 26, have been seen as illegitimate, since they did not come from the original competent body, namely the legislature, on the contrary, it was necessary for the guardian of the Federal Constitution to take a position on it and fill in this gap, which resulted in failures in its application, due to the lack of penalty. In this vein, the present work aims to address whether this equation was really correct or whether it demonstrates that the STF has been exercising the so-called judicial activism that in practice reveals itself as an act of legislating, therefore going beyond its attributions as a body. judgmental. The methodology used was the bibliographic research, by the deductive method, and the employee was analytical-descriptive.pt-BRDireitoDignidade da pessoa humanaHomofobiaRacismoTrabalho de Conclusão de Curso