HENNIG LEAL, MÓNICA CLARISSA ; DE MORAES, MARÍA VALENTINA. O Supremo Tribunal Federal Brasileiro entre ativismo e legalismo na proteção de direitos de grupos vulneráveis: análise da decisão que criminalizou a homofobia (ADO 26) [artículos de revistas]. 2020. Publicado en: Anuario de derecho constitucional latinoamericano, , 375-403

Taking into consideration the relationship between the Legislative and Judicial branches, marked by debates on the scope of the actions and decisions reserved to each one, this article asks, based on an analysis of the Direct Action of Unconstitutionality by Omission 26, which criminalized homophobia by equating it to the crime of racism, “What are the arguments used by the Supreme Federal Court in the construction and substantiation of its decision?” It is possible to affirm that the decision of the highest court of the country was based on the legislative omission as a violation of fundamental rights and on the non-existence of disrespect for the limits of jurisdictional action, in order to leave open the possibility that the National Congress would overrule it, by legislating on the matter