Entities of the LGBTQIA+ movement are campaigning in Maranhão against Bill (PL) 404/2022, which revokes the obligation for establishments to post signs warning of the prohibition of discrimination based on sexual orientation or gender identity. The entities ask that the governor of the state, Carlos Brandão, veto the project, approved in December, in the Legislative Assembly of the state. State Law 11.827/2022 determining the placement of anti-homophobia notices in bars, restaurants, leisure spaces and public bodies was sanctioned in October last year. The objective is to educate and make the population aware of the need to respect the LGBTQIA+ community. The legislation determines that these spaces must fix, in a visible place, on the outside or at one of their entrances, a sign with a minimum size of 50 centimeters wide by 50 centimeters high and containing the following sentence: “It is expressly forbidden to practice discrimination based on sexual orientation or gender identity”. The author of the project that revokes the law, deputy Mical Damasceno (PSD), justified the initiative by arguing that laws only for “minorities” do not need to be defended. “I want to ask our deputies to help us overturn this law and thus repeal it. I ask for everyone’s understanding because, in fact, this is only aimed at the minority and I think the law is made for everyone. So, there is no reason to defend laws only for the minority”, said the deputy during the session that approved the project. Campaign The entities are promoting a campaign with the motto “Veta, Brandão”, so that the governor does not sanction the project. They also released a letter, sent to the governor in the state, criticizing the proposal. The letter, signed by several entities of the LGBT+ movement, clarifies that the project violates the human rights of LGBT+ people, consolidated in international, federal and state legal regulations. The text also reinforces that the law approved in October has an educational character. “It is necessary to understand that this manifesto is not only the result of the dissatisfaction of the LGBT+ community in Maranhão, but also a manifestation of Human Defenders who could never agree to the implementation of a setback, which directly harms the Human Rights of LGBT+ people”, says the letter. The manifesto also states that the deputy promoted the distortion of what the law says by suggesting that the measure aims to extinguish the distinction of genders in the bathrooms of establishments. “In addition to these misconceptions and flagrant violations of human rights, Mical Damasceno is not telling the truth when he distorts what the text of Law 11.827/2022 says, when he then suggests and/or interprets that, after sanctioned, the use of the public restroom in the Maranhão will be made without gender distinction or that multi-gender bathrooms should be installed in all private commercial establishments and Public Bodies from then on”, says another excerpt. The general secretary of the State Council for the Rights of Lesbians, Gays, Bisexuals, Transvestites and Transsexuals (CEDLGBT) of Maranhão, Lourrane Pausini, told Agência Brasil that the argument used by the deputy is not sustainable and that it violates guarantees and rights for people LGBT+ already provided for in the national legal system. “What she presented to revoke the law is not justified, and another point was that she distorted the interpretation of what determines the legislation to revoke the law. The law doesn’t just benefit a minority, it benefits society as a whole,” explained Louranne. “The movement is taking to the streets asking the governor not to accept this setback and not to sanction this law”. Trans Woman Space, Lourrane, who is also Communications Secretary of the Maranhense Association of Transvestites and Transsexuals (Amatra), draws attention to the need for the LGBT+ population to have more representation in politics. For the activist, it is necessary for this part of the population to gain greater representation in spaces in the Legislative. “We have a fragility which is political fragility. We tried two candidacies for federal deputies and one for state, but we couldn’t elect them. The community needs to wake up to the importance of having political representation. Currently, we don’t have a representative in the legislative house, which is the people’s house. That in the next elections we can elect someone, ”she said. After sanctioning the law, the governor of Maranhão, Carlos Brandão, spoke about the interpretation of the law. “I signed into law a law passed by the Legislative Assembly that prohibits discrimination based on sexual orientation or gender identity. The law makes no reference to the use of bathrooms,” said the governor via a social network. The Public Prosecutor’s Office of Maranhão expressed its opinion on the approved law, classifying it as a legislative setback. “The Public Ministry of the State of Maranhão considers it highly recommended that there are no legislative or social setbacks in the field of human rights of LGBTQIA+ people, so that the practice of the crime of homotransphobia is prevented, as well as discrimination against gender diversity and the sexual orientation of citizens who are subject to rights and, consequently, a serious offense to the dignity of the human person,” said the Public Prosecutor’s Office. In the assessment of the body, the law that establishes the posting of signs is in line with a decision issued by the Federal Supreme Court (STF), which established the thesis of criminal repression of the practice of homotransphobia”. On the occasion, the court ruled on the merits of the Direct Action of Unconstitutionality by Omission (ADO) nº 26, together with the collective Writ of Injunction nº 4.733, which requested the specific criminalization of all forms of homophobia and transphobia, in view of the omission of the National Congress in editing the pertinent legislation, defining that whoever discriminates against or offends LGBTI people will be framed in art. 20 of Law nº 7.716/1989 (Racism Law). For the LGBT+ rights activist and superintendent of Promotion and Education to Human Rights of the State Secretariat for Human Rights and Popular Participation of Maranhão, Airton Ferreira, the law that determined the installation of the plaques aims to contribute to the promotion of the rights of a portion of the population that “is historically massacred by homophobia and transphobia”. “This project approved in the Assembly wants to disqualify the practice of human rights of a population that is gradually conquering rights in society. The Legislature is going against human rights, against the principles of dignity and respect. This only contributes to the increase in cases of homophobia and transphobia, to the increase in violence against this population”, said Airton to Agência Brasil. Listen on the National Radio Agency:
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