Brazil's supreme court votes to make homophobia a crime

Legal Events

Brazil's supreme court officially made homophobia and transphobia crimes similar to racism on Thursday, with the final justices casting their votes in a ruling that comes amid fears the country's far-right administration is seeking to roll back LGBT social gains.

Six of the Supreme Federal Tribunal's 11 judges had already voted in favor of the measure in late May, giving the ruling a majority. The final justices voted Thursday for a tally of eight votes for and three against.

Racism was made a crime in Brazil in 1989 with prison sentences of up to five years. The court's judges ruled that homophobia should be framed within the racism law until the country's congress approves legislation specifically dealing with LGBT discrimination.

The court's judges have said the ruling was to address an omission that had left the LGBT community legally unprotected.

"In a discriminatory society like the one we live in, the homosexual is different and the transsexual is different. Every preconception is violence, but some impose more suffering than others," said justice Carmen Lucia.

Justice Ricardo Lewandowski, one of the judges who voted against the measure, recognized the lack of congressional legislation on the issue but said he voted against putting homophobia inside the framework of the racism legislation because only the legislature has the power to create "types of crimes" and set punishments.

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Processing Change for Certain Form I-730 Petitions

USCIS changed the processing location for certain Form I-730, Refugee/Asylee Relative Petition, filings. Previously the Service Center Operations Directorate processed these filings. Now, the International Adjudications Support Branch (IASB) in the Refugee, Asylum, and International Operations Directorate will process the petitions filed by individuals who were admitted to the United States as refugees. Petitioners and/or accredited representatives who file refugee-based Form I-730 petitions will receive further instructions when IASB receives their filings. Form I-730 petitions filed by persons granted asylum will not be affected by this change. The mailing instructions for Form I-730 remain the same. Petitioners should continue to follow the Where to File directions on the Form I-730 page. This policy update is consistent with the Department of Labor’s (DOL’s) Standard Occupational Classification system. DOL defines economists as people who conduct research, prepare reports, or formulate plans to address economic problems related to the production and distribution of goods and services or monetary and fiscal policy. Economists may collect and process economic and statistical data using sampling techniques and econometric methods.

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