SEXUAL DIVERSITY AT THE RIO GRANDE DO SUL STATE COURT OF JUSTICE: CLASSICAL AND MODERN HOMOPHOBIA IN FIFTY YEARS OF CRIMINAL DECISIONS (1970-2019)

Abstract

This article examines criminal judicial decisions of the Judiciary of the State of Rio Grande do Sul (Brazil), considering classic homophobic manifestations (strongly repressive of sexual diversity) and modernized ones (characterized by assimilation of sexual differences to traditional family patterns). Using the thematic analysis method and searches conducted by a computerized tool in the database of judicial decisions of the Court of Justice of the State of Rio Grande do Sul (TJRS) and physical research with the Central Judicial Archive of Porto Alegre, 112 cases were selected, totaling 100 decisions. It should be noted that the manifestations of classical homophobia show a reduction in the timeline, without, however, disappearing. We can also notice the growth of modern manifestations of homophobia, which have also increased over time, characterizing the complexity of the legal field.

Homophobia; Rio Grande do Sul State Court; thematic analysis; criminal justice