André Mendonça’s speech signaling commitment to defending the rights conquered by the LGBTQIA+ community, during the hearing at the Senate’s Committee on Constitution, Justice and Citizenship (CCJ), should be subjected to a fire test in the first few months of work at the Supreme Court Federal Court (STF). The future minister, appointed to the vacancy in the Court by President Jair Bolsonaro as someone “terribly evangelical”, will cast the tie-breaker in the judgment that examines whether transsexual and transvestite inmates have the right to choose to serve their sentence in male or female prisons.
The lawsuit filed by the Brazilian Association of Gays, Lesbians and Transgenders initially called for the obligation for transvestite and transsexual inmates to serve sentences in women’s prisons, but the rapporteur, Luís Roberto Barroso, decided that it is up to the offender to choose the type of prison unit to comply with. pity. The case was referred to the virtual plenary of the Supreme Court, where the judgment was suspended after a 5-5 tie. 2022 calendar. The inauguration of Mendonça is scheduled for the next 16th, but, on the following day, the STF goes into recess.
In the Senate hearing, when confronted by senator Fabiano Contarato (Rede-ES) about his openness to progressive agendas in the field of customs, Mendonça, who is an evangelical pastor, guaranteed that he would set aside his ideology to, for example, vote in favor of gay marriage, recognized in 2011 by the STF, but which is rejected by most of the religious segment.
The judgment of transsexual and transvestite detainees will, therefore, be an initial thermometer if the arguments for the softening of religious discourse due to political minorities will prevail.
time frame
The new minister will also have a decisive role in votes of interest to the government, such as the analysis of the thesis of the timeframe for demarcating indigenous lands and the overthrow of arms flexibility decrees. Mendonça will inherit the collection of 991 cases left by former minister Marco Aurélio Mello, who retired in July this year. Wanted, Mendonça did not manifest himself.
Information is from the newspaper The State of São Paulo.
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