CONSTITUTIONALITY ANALYSIS THE JUDGMENT OF THE DIRECT ACTION OF UNCONSTITUTIONALITY BY OMISSION 26 AND INJUNCTION WORD 4733: CRIMINALIZATION OF HOMOPHOBIA AND TRANSPHOBIA

Abstract

This article aims to analyze the joint judgment of ADO 26 and MI 4733, in which case there was a criminalization of homophobia and transphobia. It will have as research method the writing of the ADO itself, especially the content of the decision, compared to constitutional and criminal norms and principles. It will observe the criteria such as the separation between the Powers of the Union and the division of their powers, as well as the legality of the process of classifying conduct such as criminal sanction and the limits of jurisdiction in the case of unconstitutionality control for omission attributed to the Supreme Federal Court until concluding on the disharmony between the powers and the excess of the Supreme Court decide for the criminalization of homophobia and transphobia as belonging to racism as conduct already criminalized by law.