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Homophobia now a crime in Brazil

"Only Congress can approve (the definition of) crimes and penalties; only Congress can pass laws on criminal conduct," said judge Ricardo Lewandowski

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Brasilia: Brazil's Supreme Court voted Thursday to criminalise homophobia, an important step for sexual minorities in one of the most dangerous countries for LGBT people in the world. The Supreme Federal Court (STF), which voted eight to three in favour of the measure, classified homophobia as a crime similar to racism, until Congress -- which is held by a conservative majority and is strongly influenced by evangelical churches -- passes a law specifically addressing such discrimination. Brazil now joins a growing number of countries in the typically conservative and Catholic-influenced Latin American region that have passed measures in favour of LGBT rights.

"All prejudice is violence. All discrimination is a cause of suffering," said judge Carmen Luzia while voting in favour of the measure. "But I learned that some prejudices cause more suffering than others." According to the NGO Grupo Gay de Bahia, which has collected national statistics for the past four decades, there were 387 murders and 58 suicides over "homotransphobia" in 2017, a 30 percent increase from 2016. This works out to one LGBT death by suicide or murder every 19 hours in Brazil. The country's highest court considered it neglect of legislative power not to have outlawed such discrimination until now. But the three judges that voted against the measure insisted that criminalizing homophobia was Congress's job, not the court's. "Only Congress can approve (the definition of) crimes and penalties; only Congress can pass laws on criminal conduct," said judge Ricardo Lewandowski. Acts of racism, and now acts of "homotransphobia," in Brazil face one to three years in prison or a fine.

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