THE EQUIVALENCE OF HOMOPHOBIA TO RACISM: ANALYSIS OF THE LEGAL INTEGRATION THAT OCCURREND IN THE DIRECT ACTION OF UNCOSTITUTIONALITY BY OMISSION NO. 26 AND THE INJUNCTION WRIT NO. 473

Abstract

This article analyzes the equating of homophobia with racism, based on the Direct Action of Unconstitutionality by Omission (ADO 26) and the Writ of Injunction (MI 4733), due to the legislative omission that prevented the express criminalization of homophobia. The research focuses on the methods of legal integration provided for in the Law of Introduction to the Norms of Brazilian Law (LINDB), highlighting the application of analogy and general principles of law, as well as the use of different systems of legal interpretation. The analysis highlights the importance of the Judiciary Power in promoting the effectiveness of fundamental rights and filling legal gaps