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Brazil’s top court votes to protect LGBT+ community after post-Bolsonaro spike in Hate Crime

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Brazil’s highest court took a decisive step back in May 2019 towards protecting LGBT+ people from discrimination, amid a spike in reported attacks since the right-wing President Jair Bolsonaro began his campaign last year.

A majority of the 11-member Supreme Federal Court voted to find it unconstitutional to exclude sexual orientation and gender from Brazil’s anti-discrimination law.

After the sixth member voted in favour of the ruling, securing the majority, the court suspended the hearing until 5th June 2019 where the remaining members are expected to vote and then the ruling would be issued.

It would establish a way for people who experienced discrimination or physical attacks based on their sexual identity or gender orientation to sue.

Mr Bolsonaro (pictured above), a social conservative, has said that if one of his sons were gay, he’d rather he be dead.

In April 2019, The Independant reported that Bolsonaro discouraged gay tourists from visiting the country, and told journalists that Brazil cannot become known as a “gay paradise”.

Brazil led the world in transgender homicides with 171 in 2017, the last year for which statistics are available, according to the organisation TransEurope. Someone is killed in Brazil as a result of an homophobic attack every 16 hours.

As Mr Bolsonaro campaigned last year, reports of crimes against LGBT+ people tripled. After he took office in January 2019, Brazil’s only openly gay congressman gave up his seat and fled the country amid death threats.

“It is a decisive win for the LGBT community,” said Flavio Grossi, a criminal defence lawyer who represents LGBT+ clients.

“LGBT people are scared. I have seen an increase in clients reporting instances of physical aggression, hate crimes and racism.”

Brazil’s LGBT+ community has secured major victories through the supreme court, including the right to marry in 2013 and to legally change names and genders in 2018.

But the country’s anti-discrimination law explicitly covers only discrimination committed on the basis of race.

Brazil’s Senate is debating legislation that would punish hate crimes based on sexual orientation or gender with up to five years in prison, but could leave room for religious exceptions.

With the court vote, the judiciary got out in front of the slow-moving legislation.

"Parliament doesn’t act,” said Judge Luiz Fox, who cast the sixth and deciding vote.

“There is no guarantee the bill will pass, and even if it does, it can be vetoed and homophobia will continue,” he said. “The judiciary must act in defence of minorities against violence by the majority.”

On the eve of the vote, pro-LGBT+ actors and musicians faced off against Brazil’s powerful evangelical lobby in the halls of the Supreme Court, as both groups tried to sway judges.

Thankfully the UK has the Equality Act 2010 that ensures that you must not be discriminated against because you  are gay, lesbian, bisexual or transgender. This is called discrimination because of sexual orientation. Discrimination which is against the Equality Act is unlawful.

LGBT+ related hate crime has increased in the UK in recent years and Warwickshire has also experienced the same trend. 

EQuIP, a Warwickshire based equalities charity, support victims of hate crime. EQuIP encourage anyone that experiences and/or witnesses a hate crime/incident to always report. You can ring 101 in a non-emergency sitaution, but always call 999 in an emergency. 

In Warwickshire, if you do not want to contact the police directly, you can report hate crimes/incidents to EQuIP online via the www.reporthatenow.com website, email advice@equipequality.org.uk or if you prefer to speak to someone in person, you can contact EQuIP on 01788 863117. 

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Don't be afraid, speak up - silence hides hate

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