(LifeSiteNews) — Brazil’s Supreme Court ruled that “homophobic” comments are now punishable by two to five years in prison.
The court’s 9-1 decision establishes homophobic hate speech as equivalent to racist hate speech, which had already carried sentences of prison time and fines.
While the court had previously deemed homophobia to be a crime similar to racism in 2019, that ruling only applied to slurs against the LGBTQ+ community as a whole, not to “attacks” on individuals, according to Agence France-Presse (AFP), the French international news service.
“The interpretation that restricts its application to cases of racism” leaving unprotected individuals from the LGBTQIAPN+ community “goes against not only the appealed judgment but the entire constitutional system,” argued Justice Edson Fachin, lead judge on the case.
Brazil also already had on its books laws providing hate speech protections to HIV-positive individuals. Incursions are punishable by one to four years in prison.
“Such a decision brings legal certainty and reinforces the court’s understanding with regard to the principle of equality and nondiscrimination,” said the National LGBTI+ Alliance, a Brazilian LGBTQ and intersex rights group, according to a Washington Blade report. “It is an important step in the civilizing process and in the fight against hatred in Brazilian society.”
While an international LGBT media outlet accused Brazil of “being one of the most dangerous places in the world for trans people”’ and said that 228 murders of LGBTQ+ people have occurred in Brazil in 2022,” others have challenged the portrayal of Brazil is overwhelmingly “homophobic.”
“Stop slandering my country,” Brazilian journalist Eli Viera wrote. “The statistics about rampant homophobic brutality in Brazil are false. I helped to debunk them (as you can read [here]).”
“Brazilians are one of the least homophobic people in the world,” Viera added.
Stop slandering my country. The statistics about rampant homophobic brutality in Brazil are false. I helped to debunk them (as you can read in https://t.co/m6PPSBhORx). Brazilians are one of the least homophobic people in the world. https://t.co/dCxRf9zbnQ
— Eli Vieira (@EliVieiraJr) August 26, 2023
And while transgender Congresswoman Erika Hilton remarked that the ruling is a “victory against LGBTphobia,” other international observers wondered if this is another victory for rainbow tyranny.
“$10,800 fine for deadnaming in Germany. 3-5 Years prison in Brazil for making ‘homophobic’ comment,” noted one X (formerly known as Twitter) user.
“It’s gone well beyond just acceptance. They want our participation or else. … ” he added.
$10,800 fine for deadnaming in Germany
3-5 Years prison in Brazil for making “homophobic” comments.
It’s gone well beyond just acceptance. They want our participation or else….pic.twitter.com/5JhkzEE587
— Ryan (@rcam_tv) August 28, 2023