The (Attorney General’s Office) manifested itself in favor of the filing of an appeal made to the Federal Supreme Court by the Federal Deputy (–SP) about the case of a radical feminist activist who called her a man.
The deputy sought the Supreme Court to try to reopen the action, which had been suspended by the State Court of São Paulo. The PGR did not even analyze the merits of the case, but procedural issues.
The case began in 2020 after publications on social networks made by graphic designer Isabella Cêpa about the election of Hilton to Sao Paulo councilwoman – the parliamentary was the first trans woman to occupy the post.
Isabella, who presents herself as a radical feminist, made a post in which she stated that the most voted woman in the city “was a man,” which motivated Hilton’s action.
The radical is a strand that puts an emphasis on sex as the origin of women’s oppression, and therefore as the only marker to define what it is to be a man and be a woman. This current criticizes transsexual inclusion policies, and its most famous representative is the writer JK Rowling, author of Harry Potter.
São Paulo filed a complaint about the case that year, and the state court accepted.
The case was later sent to the Federal Court of São Paulo because Isabella would be outside Brazil. Responsible for the case, the Federal Public Prosecution Service requested the filing of the investigation on the grounds that there is no law that typifies as a crime.
Although there is no explicit norm in this regard, the Supreme Court had decided in 2019 to equate homophobia and transphobia to the crime of racism, as he understood that a legislative omission of Congress had occurred.
Based on this argument, the deputy went to the Supreme Court and filed a complaint on June 9 to seek the reopening of the case. The PGR defended the filing of the case on the 1st, in a decision made public on Saturday (9).
The Attorney General of the Republic, Paulo Gonet, argued the correct appeal for Hilton would not be the complaint, but a question to the 2nd Chamber of Coordination and Review of the MPF.
The final decision will be up to Minister Gilmar Mendes.
Isabella Cêpa claims to be out of Brazil since mid -2024, when she received from federal police at Salvador airport the summons in the process.
She said she had requested refugee status in mid -2025, which was reportedly granted in July. However, he says he cannot tell which country has given her this recognition for security and confidentiality of the process documentation. According to the Metrópoles portal, the designer is in an eastern country.
She also said that the refuge was granted according to the demands of the European Union agency for the asylum. THE Sheet He sought the agency on Monday (11), but obtained no return until the conclusion of this text.
Isabella says she was not pleased with the PGR demonstration for the filing of the action, on the grounds that there would be legal insecurity related to the STF trial that equated, in 2019, transphobia and homophobia to the crime of racism.
The advisory of federal deputy Erika Hilton stated that the opinion of the Attorney’s Office is a “opinion that unfortunately does not fit with what the Supreme intended, with the decision made in the action in which it equates the crime of homotransphobia to racism. Our action and struggle are against transphobic violence.
The advisory also said that “freedom of expression, as Minister Alexandre de Moraes himself says, is not freedom of aggression and this is what has been seen every day with massive attacks against Mrs Erika Hilton. We hope that the complaint will be upheld, in attention to the Court’s understanding.”
