Religious Freedom and Homotransophobia: when the Expression of Faith becomes a Hate Speech?
The present work aims to discuss the relationship between LGBTQ+phobia in Brazil and Christianity, proposing to answer the following question: when does the expression of faith become a hate speech? The study involves an analysis of the paradigm of the Democratic Rule of Law, reflecting on the possi...
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| Tipo de recurso: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2024 |
| País: | Brasil |
| Institución: | Pontifícia Universidade Católica de Minas Gerais (PUC Minas) |
| Repositorio: | Virtuajus |
| Idioma: | portugués |
| OAI Identifier: | oai:ojs.periodicos.pucminas.br:article/32587 |
| Acceso en línea: | https://periodicos.pucminas.br/virtuajus/article/view/32587 |
| Access Level: | acceso abierto |
| Palabra clave: | Liberdade religiosa Homotransfobia Liberdade sexual Direitos fundamentais religious freedom homotransphobia sexual freedom fundamental rights |
| Sumario: | The present work aims to discuss the relationship between LGBTQ+phobia in Brazil and Christianity, proposing to answer the following question: when does the expression of faith become a hate speech? The study involves an analysis of the paradigm of the Democratic Rule of Law, reflecting on the possibilities of state intervention in the issue. An overview is presented on the historical relationship between Christianity and homosexuality and transgender identity. The criminalization of homotransphobia in Brazil is also discussed, along with the possible limitations it brings to the exercise of religious freedom. A definition of hate speech is presented based on the Inter-American Convention Against All Forms of Discrimination and Intolerance, an International Human Rights Treaty internalized into national law in 2022 as a constitutional amendment. Considerations are woven regarding the potential effects of criminalizing homotransphobia and the application of the Inter-American Convention Against All Forms of Discrimination and Intolerance, concerning the exercise of religious freedom, especially in relation to homophobic and transphobic hate speeches made under religious arguments, and the possibilities for state action. |
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