O PAPEL DO SUPREMO TRIBUNAL FEDERAL ANTE O CONSERVADORISMO DA SOCIEDADE BRASILEIRA NA DEFESA DOS DIREITOS DA POPULAÇÃO LGBTQIAPN+: ANÁLISE DA ADPF 132 E ADI 4275

Abstract

The present work seeks to understand the role played by the Supreme Federal Court, in the context of constitutional review, in guaranteeing constitutional rights to the LGBTQIAPN+ population. Thus, the aim was to explore the origins and historical evolution of constitutional review mechanisms, tracing their roots in comparative law and analyzing their introduction and development within the Brazilian legal framework. It was found that much of the judicial activity in constitutional review arises due to poor legislative quality and the omission of other branches of government regarding the rights of social minorities. The concept of judicial activism was analyzed, examining how its existence does not necessarily imply a usurpation of powers or undue interference with other branches. To support the general objective, it was necessary to investigate the influence of public opinion on Supreme Court decisions, observing to what extent decisions please or displease citizens and how much this impacts the Court's decision-making process. Two landmark rulings in the defense and protection of LGBTQIAPN+ rights were analyzed, focusing on the legal technique of interpretation in conformity with the constitution employed in the rulings. The research was bibliographical and qualitative, using the inductive and descriptive method.