Abstract
In the face of the neoliberal offensive to anti-discrimination law, this paper aims to analyze the expansion of the protected freedom as an anti-egalitarian strategy. It is organized in two parts: after analyzing the grammar of rights from a neoliberal perspective (first part), it examines the anti-egalitarian through the United States Supreme Court case law (the “303 Creative LLCC vs. Elenis, 2023) and the Brazilial Federal Supreme Court case law (litigation on the “School without Party”/”Free School” statutes, 2018-2020). Approaches and disparities are established between the judicial responses to neoconservatism in the United States, which reached the right to LGBTphobic business discrimination in the provision of services, and the attacks against academic freedom in Brazil.
Keywords:
Neoliberalism; Anti-discrimination Law; Protected freedoms; “School without Party”; LGBTI+ Rights