Criminalização da homofobia e despatologização da homossexualidade no Congresso Nacional, da redemocratização à atualidade

Abstract

This research aims to analyze the struggles and debates undertaken in the Brazilian National Congress concerning the rights of sexual minorities, from political re-democratization to the present. We selected three cases for our empirical analysis. First, we analyze the parliamentary debates, during the National Constituent Assembly (ANC), between 1987 and 1988, about the claim of the Brazilian Homosexual Movement (MHB) that required the inclusion of the prohibition of discrimination based on sexual orientation in the Federal Constitution of 1988. Insofar as this demand was not contemplated by the constitutional text, anti-discriminatory laws were developed at the municipal and state levels. Second we analyze Bill 122/06. This Bill was basically a proposal to criminalize homophobia, and was processed in the National Congress between 2001 and 2014 with strong support from the LGBT s movements (Lesbian, Gay, Bisexual, Transvestite, Transsexual and Transgender). Finally, as our third case, we analyze the Draft Legislative Decree 234/2011 (PDC 234/2011), which was discussed in the Federal Chamber between 2009 and 2013. This Decree aimed to repeal resolution nº 1/99 of the Federal Council of Psychology (CFP) that prohibits professional psychologists to offering cure or treatment to homosexuality. Contrary to the first two cases, proposed by representatives of the LGBT movements in the National Congress, this PDC was proposed and supported by groups opposed to these movements, aiming to revoke one of the main achievements of LGBT movements: the recognition of the depatologization of homosexuality by organs and institutions of the health area, such as the Federal Council of Psychology.