DIREITOS HUMANOS LGBTIs E SISTEMA DE JUSTIÇA: STANDARDS DE PROTEÇÃO E ATUAÇÃO DO PODER JUDICIÁRIO E DO MINISTÉRIO PÚBLICO
DOI:
https://doi.org/10.21527/2317-5389.2020.16.138-151Keywords:
LGBTI rights, Legal systems, Non-Discrimination, Human RightsAbstract
The article addresses the justice system and the protection of LGBTI human rights, arguing that this is a task of the justice system institutional duties, and highlighting the beneficial effect of fulfilling such task. Taken into account the legal framework and academic knowledge, it has two parts. In the first part, it deals with the human rights standards of the universal system and the inter-American system on LGBTI rights. In the second part, it considers the legal and institutional consequences of these standards for national legal systems, as well as the salutary impact on democratic legitimacy and to the improvement of work of the organs and actors of the justice system. It concludes that the democratic legitimacy of a legal system, as well as the quality of a justice system, can be measured according to the degree of knowledge and commitment that its institutions and members have regarding the universal human rights of discriminated individuals and groups.
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