The Court of Federal District and Territories (TJDFT) has determined that the Government of Brasilia applies, within 180 days, District Law No. 2,615 / 2000, which prohibits discrimination based on sexual orientation or gender identity. The norm – which brings penalties for discrimination against the LGBT population – had been regulated by the GDF in June, 17 years after its approval. However, it was revoked the following day by the Legislative Chamber.
The decision of the TJDFT is the result of a public civil action filed by the Public Ministry of the DF and Territories (MPDFT) in January of this year. In the petition, the prosecution requested immediate compliance with the law and payment of collective moral damages in the amount of R $ 500 thousand due to the delay in its regulation. The money would be used for conducting educational campaigns.
According to the substitute judge Atalá Correia, of the 1st Public Treasury Court of the Federal District, despite the ideological discussions prompted by the theme, the law has no addiction and therefore must be applied.
“The subject can give rise to diverse discussions in the political, philosophical and economic field, but it is certain that, if legislative choice is positive, it can only be disregarded in a judgment of unconstitutionality. I do not see any unconstitutionality in District Law No. 2,615 / 2000, “says Correia, in part of the decision.
Also according to the magistrate, “in this case, punishment exists and was regularly approved within the scope of the Federal District. More than that, it reinforces the idea of formal equality of all before the law, which, in a material sense, has constitutional protection. “