Bearing in mind that Brazil is a country where members of the LGBT community gain
most of their rights through the Judiciary and its jurisprudential constructions,
research on the principles of Yogyakarta and its receptivity in the foundations of the
Supreme Federal Court, the in order to identify how these principles influence the
decisions of the Brazilian Court. For that, it is necessary to evaluate the evolution of
the LGBT movement and its conquests of rights in Brazil, to elucidate the importance
of the Yogyakarta Principles for the LGBT movement, as well as the process that
preceded it in international protection systems and to identify how this letter of
principles has been used by the Federal Supreme Court. An inductive method
research is then carried out, so that, through jurisprudential research, it is possible to
infer this universal truth. Given this, it appears that the LGBT movement has
struggled for decades for recognition as citizens of law; the Yogyakarta Principles are
an important part in the process that triggered deliberations on sexual orientation and
gender identity at the international level; the STF uses this letter of principles as a
basis in its decisions, giving it an important legal value, which imposes the realization
that the Yogyakarta Principles can be recognized as general international law custom
on the national scene.
|
