In a landmark decision, Brazil's Supreme Court on Tuesday (August 22) ruled that homophobic slurs will now be punishable by prison. The decision has been received well by the LGBTQ+ community which has been battling rampant violence against it in the country.

In a nearly unanimous 9-1 ruling, homophobic slurs have been put on the same legal level as racist hate speech. Justice Edson Fachin, who delivered the verdict, said the ruling was a "constitutional imperative" to give LGBTQ+ citizens equal protection under the law. 

The Brazilians were elated after the announcement and took to social media to rejoice in the ruling.

"We need to celebrate, yes! It is a victory against LGBTPHOBIA," said one of the netizens while another added: "I lived to see such a decision. The movement continues."

Meanwhile, a third said: "Important achievement, but a mark of how backward Brazil is The Supreme Court had to equate LGBTphobia with racial slurs/racism because Congress refuses to legislate on this topic. Brazilian law simply does not directly punish LBGTphobics!!"

2019 ruling by the SC

Notably, it was in 2019 that the Brazilian apex court made homophobia and transphobia crimes similar to racism. Racism was made a crime in Brazil in 1989 with prison sentences of up to five years.

However, the 2019 ruling applied to hate speech against the entire community, not particular individuals. The Tuesday ruling sets this right and now any hate speech will be punishable by prison terms of two to five years.

Experts argue that such stringent rules are necessary, especially in a country like Brazil where transphobia and homophobia are widespread. According to the rights group Transgender Europe, 228 people belonging to the LGBTQ+ community were murdered in 2022. In total, 1,741 community members have been killed between 2008 and 2022.