A INVISIBILIDADE DOS CRIMES DE ÓDIO CONTRA A DIVERSIDADE SEXUAL E DE GÉNERO EM PORTUGAL

Abstract

Every year, thousands of students enter higher education, often facing personal and academic This study consists of the first national mapping of hate crimes with homophobic and/or transphobic motivations against sexual and gender diversity in Portugal. The objective of this article focuses on analyzing the process of monitoring and stratifying hate crimes with homophobic and/or transphobic motivations by the Portuguese State, verifying their specificities as a result of the current legal framework and the phenomena of underreporting, revictimization and impunity for these crimes. cases. This investigation carried out the mapping and identification of 33 Criminal Investigations, belonging to 20 districts of the Public Ministry between 2015 and 2020. After the identification of the Unique Crime Process Identifier Number – NUIPC by the Judiciary Police and authorization to consult the procedural documents to the Departments of Investigation and Criminal Action – DIAPs of the MP, the data collection process was carried out in 29 Criminal Inquiries. The present investigation consists of a descriptive study of mixed methods, carried out through document analysis through content analysis, with regard to data processing. The data collection instrument was supported by case reporting documents, notably: reporting records, news records and emails with records of criminal complaints. The complaints analyzed highlight the need to review the Brazilian legal framework in relation to hate crimes with homophobic and transphobic motivations, considering the “invisibility” of these records for official statistics and the absence of specific fields that collaborate in the process of identifying the motivation of these cases, as well as the difficulty in recognizing this violence by the competent authorities as hate crimes against Sexual Orientation Gender Identity Gender Expressions and Sexual Characteristics - OIEC of its victims, contexts that strengthen the process of invisibility of this data in Portugal, supporting the false statement that: “Everything is fine here!” when we consider the reality of this violence perpetrated daily in the country.