The minister, of the (Supreme Federal Court), denied on Tuesday (2) a request from the Federal Deputy (-SP) to review the filing of a criminal action for transphobia.
Hilton’s process against Isabella Alves Cepa was filed by the 7th Federal Criminal Court of São Paulo, after a statement in this sense of the MPF (Federal Public Prosecution Service).
According to the deputy, the decision was made on the grounds of the absence of a law criminalizing transphobia in Brazil, which would violate the decision of the Supreme who, in 2019, equipped this practice to the crime of racism.
The parliamentarian filed a constitutional complaint, a type of action for when decisions of the court are disrespected by lower instances.
Gilmar Mendes acknowledged that the MPF’s argument disregarded the Supreme’s understanding of transphobia and repudiated the attempt to empty the authority of court decisions.
“The legal system cannot prove indifferent to concrete threats to human dignity. Indeed, it is to repudiate every attempt to empty the authority of the decisions of this Court by reinterpretations that not only collide with the content of the theses signed, but in practice, they reintroduce forms of silencing and denial of fundamental rights under the pretext of legal divergence,” the rapporteur said.
According to him, however, the argument that based the decision of the 7th Federal Criminal Court was not based on these elements and was autonomous in relation to that of the MPF.
“The court chose to value the statements under the prism of typicality and specific intent, fields that, as a rule, escape the scrutiny of the constitutional complaint, except when demonstrated, unequivocally, the subversion of the binding precedent authority,” he said.
In this case, the accused, in his account at X @afeminisa, expressed his discontent with the result of the municipal elections of São Paulo in 2020, in which Erika was the most voted councilwoman.
“Truly feminist candidates were not elected. The most voted woman is a man. And Psol’s clowning benches were all elected. Guys, these people were campaigning at Mari Ferrer’s demonstration.”
