Brazil's supreme court votes to make homophobia a crime

Analysis on Litigation

Brazil's supreme court officially made homophobia and transphobia crimes similar to racism on Thursday, with the final justices casting their votes in a ruling that comes amid fears the country's far-right administration is seeking to roll back LGBT social gains.

Six of the Supreme Federal Tribunal's 11 judges had already voted in favor of the measure in late May, giving the ruling a majority. The final justices voted Thursday for a tally of eight votes for and three against.

Racism was made a crime in Brazil in 1989 with prison sentences of up to five years. The court's judges ruled that homophobia should be framed within the racism law until the country's congress approves legislation specifically dealing with LGBT discrimination.

The court's judges have said the ruling was to address an omission that had left the LGBT community legally unprotected.

"In a discriminatory society like the one we live in, the homosexual is different and the transsexual is different. Every preconception is violence, but some impose more suffering than others," said justice Carmen Lucia.

Justice Ricardo Lewandowski, one of the judges who voted against the measure, recognized the lack of congressional legislation on the issue but said he voted against putting homophobia inside the framework of the racism legislation because only the legislature has the power to create "types of crimes" and set punishments.

Related listings

  • Federal appeals court rules against Trump on ending DACA

    Federal appeals court rules against Trump on ending DACA

    Analysis on Litigation 05/14/2019

    A federal appeals court ruled Friday the Trump administration acted in an “arbitrary and capricious” manner when it sought to end an Obama-era program that shields young immigrants from deportation.A three-judge panel of the 4th U.S. Circ...

  • News attorneys: Opioid distribution data should be public

    News attorneys: Opioid distribution data should be public

    Analysis on Litigation 05/03/2019

    Attorneys for news organizations argued Thursday that the U.S. public should be allowed to see federal data about how prescription opioids were distributed as the nation’s overdose crisis was worsening.They urged a three-judge panel of the 6th ...

  • Case about indigent drivers and drivers' licenses in court

    Case about indigent drivers and drivers' licenses in court

    Analysis on Litigation 03/10/2019

    A federal court judge will hear motions in a lawsuit over a North Carolina law that mandates the revocation of drivers' licenses for unpaid traffic tickets even if the driver can't afford to pay.Advocacy groups sued in May, seeking to declare the law...

Does a car or truck accident count as a work injury?

If an employee is injured in a car crash while on the job, they are eligible to receive workers’ compensation benefits. “On the job” injuries are not limited to accidents and injuries that happen inside the workplace, they may also include injuries suffered away from an employee’s place of work while performing a job-related task, such as making a delivery or traveling to a client meeting.

Regular commutes to and from work don’t usually count. If you get into an accident on your way in on a regular workday, it’s probably not considered a work injury for the purposes of workers’ compensation.

If you drive around as part of your job, an injury on the road or loading/unloading accident is likely a work injury. If you don’t typically drive around for work but are required to drive for the benefit of your employer, that would be a work injury in many cases. If you are out of town for work, pretty much any driving would count as work related. For traveling employees, any accidents or injuries that happen on a work trip, even while not technically working, can be considered a work injury. The reason is because you wouldn’t be in that town in the first place, had you not been on a work trip.

Workers’ compensation claims for truck drivers, traveling employees and work-related injuries that occur away from the job site can be challenging and complex. At Krol, Bongiorno & Given, we understand that many families depend on the income of an injured worker, and we are proud of our record protecting the injured and disabled. We have handled well over 30,000 claims for injured workers throughout the state of Illinois.