Transformative constitutionalism and LGBTQIA+ human rights: an analysis of the impacts of the Brazilian Supreme Court case law

The Ius Constitutionale Commune in Latin America is a regional approach to the transformative constitutionalism, which aims to transform the American continent by protecting human rights and strengthening democracy and the rule of law. The text intends to analyze the Brazilian Supreme Court case law regarding LGBTQIA+ rights and its transformative impact. The analysis has shown that the role of the court in the promotion of these minority rights has had a huge impact on the LGBTQIA+ lives, because the Brazilian legal system did not recognize the members of this community as subject of rights. Since the Brazilian Supreme Court ruled same-sex marriage, the possibility of changing the name on the ground of sex reassignment, and the criminalization of homotransphobia, LGBTQIA+ people have been granted human dignity and social visibility.