Amazonas is inefficient in guaranteeing the rights of LGBTQIA+ people, identifies MPF

Protection

The body established a procedure to monitor the formulation and execution of public policies to promote citizenship and against LGBTphobia

Manaus (AM) — The Federal Public Ministry (MPF) established an administrative procedure to monitor and supervise the formulation and execution of public policies aimed at promoting the citizenship of the LGBTQIA+ community and combating LGBTphobia in the State of Amazonas.

The initiative, which will be the responsibility of the Regional Attorney’s Office for Citizens’ Rights (PRDC) in Amazonas, is part of a national action proposed by the Federal Attorney’s Office for Citizens’ Rights (PFDC). According to the State Attorney’s Office, the data received from the PFDC demonstrate the “insufficiency of the State (in its broadest sense) and the state of Amazonas in terms of ensuring the rights of LGBTQIA+ people”.

The Constitution states that the dignity of the human person “encompasses the promotion of the good of all, without prejudice to origin, race, sex, color, age and any other forms of discrimination (arts. 1 and 3), including discrimination based on sexual orientation or gender identity is included.”

The objective is to collect data and act in relation to the deficient scenario of public policies aimed at the LGBTQIA+ community. The order to initiate the procedure was sent, through letters, to bodies of the Executive, Legislative, Judiciary, Public Prosecutor’s Office and state Public Defender’s Office with the aim of gathering information, establishing action networks and improving public policies to combat discrimination and promotion of LGBTI+ citizenship in the State.

Coordinated action

The PFDC established a Working Group “LGBTI+ Population: protection of rights”, “taking into account the relevance of the topic for the realization of human dignity, for the construction of a free, fair and supportive society and for achieving the objective to promote the good of all, without prejudice and any other forms of discrimination”.

The promotion of the PFDC’s coordinated action was based on data from the work developed by the Rainbow Group of LGBT Citizenship and the National LGBTI+ Alliance, and on the “Mapping of LGBTQIA+ Public Policies in State Governments and the Federal District (Complementary Document 1.1)”.

Carried out by the Atena Program, which was initiated by the National LGBTI Alliance, in November 2021, the mapping provided a quantitative and qualitative survey, together with state bodies and departments, of the public policies that exist in Brazil to promote the citizenship of the LBTQIA+ community.

However, the MPF notes that, despite the efforts of the LGBTI+ social movement, there is still no condensed and organized survey of what public policies exist in Brazilian states, as well as there is still a weakness in the exchange of information and experiences about initiatives carried out.

Guarantees

The Regional Attorney’s Office for Citizen’s Rights points out, in the monitoring procedure, that the National Human Rights Plan (PNDH-3), contained since 2009 in Decree No. 7,037, provides for the format and creation of networks to protect the human rights of lesbians , gays, bisexuals, transvestites and transsexuals.

Another point to be highlighted is that the Federal Supreme Court (STF) recognized the unconstitutional omission of the National Congress for not enacting a Law that criminalizes acts of homophobia and transphobia, which are now included in the criminal type defined in the Racism Law.

*With information from consultancy

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