2023-05-252023-05-252023-02-16FREITAS, Mateus Nunes Vigilato de. A criminalização da LGBTfobia e o STF: análise da efetivação do precedente vinculante da ADO 26 pela via da reclamação. 2023. 59 f. Trabalho de Conclusão de Curso (Bacharelado em Direito) - Unidade Acadêmica Especial de Ciências Sociais Aplicadas, Universidade Federal de Goiás, Cidade Goiás, 2023.http://repositorio.bc.ufg.br/handle/ri/22621The object of the present research is the analysis of the effectiveness of binding precedent delivered in the Direct Action of Unconstitutionality by Omission (ADO) 26 through the Complaint institute. As a research problem, it is intended to investigate the application of this procedural mechanism in case of non-compliance with the mandatory observation precedent. It is wondered what has changed afterwards the criminalization of the LGBTphobia by the Judiciary. This research seeks to highlight the perpetuation of the ineffectiveness of the rights of the LGBTQI+ community, as well as to analyze the system of precedents and the Complaint institute, whilst an adroit mechanism to implement the criminalization of LGBTphobia. In the first chapter it was realized a historical digression and identified the current situation of the rights of the LGBTQI+ community. Also, it was observed the jurisprudence by the Federal Supreme Court (STF) concerning to the homotransphobia in Brazil. The second chapter focused on premises of the jurisdiction and system of binding precedents in the Civil Procedure Code (CPC)/15. Finally, it was observed the origins, hypothesis of approach, and specificities of the complaint. In the third chapter, it was analyzed the application of the precedent of the criminalization of LGBTphobia within the scope of STF, through the complaint institute. This research utilized a bibliographic review and research in brazilian jurisprudence. At last, it was concluded that the complaint could be an useful, additional and complementary instrument, to enable the repression of homophobia. There is jurisprudence in the STF reinforcing the precedent, although not always through the complaint, which endorses its stability.porAcesso AbertoReclamaçãoPrecedentes vinculantesCriminalização da LGBTfobiaDireitos LGBTQI+ComplaintBinding precedentCriminalization of the LGBTfobiaLGBTQI+ rightsTCC