Os dois lados do ativismo judicial no que tange a criminalização da homofobia

Abstract

From Greece to the present day, the history of homosexuals is described with regard to increasing levels of discrimination. The so-called minorities oppressed by intransigence seek through social movements to stop such violence. The focus of this study is limited to analyzing both sides of judicial activism, bringing as an example the recent criminalization of homophobia. Initially considerations will be made about the manifestation of homosexuality from the beginning, addressing the origin of homophobia and the confrontations aimed at combating the ailment in question. Then, a historical resumption was made regarding the principle of the Separation of Powers. Finally, the role of judicial activism was exposed, investigating the positive and negative aspects of this institute and its application in the criminalization of homophobia. This research has a qualitative character, based on study: the doctrine, bill and current legislation that tangent the theme on screen