Homotransfobia não é racismo: uma análise da criminalização da homotransfobia pelo Supremo Tribuna Federal na ADO 26 à luz do princípio da legalidade penal

Abstract

The criminalization of homotransphobia appears on the agenda of social movements for civil and political rights of the LGBTQIA+ community, in order to guarantee its members the status of dignity and recognition as subjects of rights. However, the way in which the criminalization was approved, through concentrated-abstract judgment of constitutionality control by the Federal Supreme Court and with the semantic expansion of the elementary circumstance “race”, shows much more the imposition of power by the Supreme Court of the Country than listening attentively to the social agendas, both of the homotranssexual movement and the black movement. Therefore, this research intends to analyze some issues that appear from the equating of homotransphobia as a crime of racism, in the light of contemporary criminal dogmatics on the principle of legality and the black movement.