Moral damage resulting from LGBTphobic discrimination: the role of the justice system in guaranteeing fundamental rights

Abstract

The theme of this work is civil liability arising from LGBTphobic discrimination. The guiding problem of the research is: how does the Brazilian Judiciary act and can act to ensure the fundamental rights of the LGBTI+ population? The hypothesis raised is that the Judiciary has a key role in realizing the fundamental rights of LGBT+ people, given its competence to resolve conflicts and promote human rights. The research has the general objective of analyzing the positioning of the Courts of Justice in the southern region of Brazil between January 1, 2022 and June 1, 2023 in decisions on the subject and, as specific objectives, to study civil liability arising from LGBTphobia and analyze the judgments of the Courts of Justice in the southern region of Brazil regarding moral damage resulting from LGBTphobic discrimination to understand the current position of the Judiciary in the region. The approach method used was deductive and the procedural method was monographic. The research used bibliographic and documentary techniques, with jurisprudence research on the topic. In conclusion, the Judiciary has a fundamental role in ensuring that the fundamental rights of LGBTI+ people are guaranteed and enforced, and its decisions must be based on the foundations of the Federative Republic of Brazil, especially citizenship and human dignity.