THE LOVE WHICH DID NOT DARE TO SAY ITS NAME IN JURISPRUDENCE OF THE SUPREM COURT: AN ANALYSIS OF THE DECISIONS OF THE BRAZIL’S SUPREME COURT ON THE RIGHT TO FREE SEXUAL ORIENTATION AND FREE GENDER IDENTITY

Abstract

The present work is part of the studies of public law based on jurisprudence and intends to analyze, in the light of constitutional principles, the performance of the Federal Supreme Court in the realization of the rights of the LGBT community. The existence or not of a fundamental right to sexuality is discussed, with its consequences. Then, the counter-majoritarian, representative and enlightened roles embodied by the STF are worked on, based on the doctrine of Professor Luís Roberto Barroso. Finally, the various rights of the LGBT community recognized by the Supreme Court are analyzed, in order to conclude that the decisions analyzed are important and correct.