Brazil’s Supreme Court Rules Homophobic Hate Speech Can Result in Prison Time

The lead judge in this case, Justice Edson Fachin, stated in his ruling that providing equal legal protection to LGBTQIA+ citizens was a “constitutional imperative.”

Credit: Getty Images
Credit: Getty Images

In Brazil, the use of homophobic slurs is now punishable by up to 5 years on prison.

The country's Supreme Court ruled on August 21 to elevate homophobic hate speech to the level of racist hate speech, which is punishable by 2-5 years in prison. The decision was 9-1.

According to France 24, the court previously ruled to criminalize homophobia in 2019, but that reportedly only applied to slurs against the LGBTQIA+ community overall, rather than individuals. The new ruling expands legal protections for LGBTQIA+ individuals much further.

The lead judge in this case, Justice Edson Fachin, stated in his ruling that providing equal legal protection to LGBTQIA+ citizens was a “constitutional imperative.”