O ódio atrás das grades: da constru？？o social da discrimina？？o por orienta？？o sexual à criminaliza？？o da homofobia

this article analyzes how the criminalization of homophobia became the main agenda in a national struggle for lgbt rights. the historical and cultural meaning of same-sex relations in brazil, from categories such as sodomite, uranist and homosexual to the emergence of a homosexual identity, led to the organization of a social movement with an agenda of its own. homophobia is understood as a form of discrimination. this article is a constitutional theory contribution to the analysis of the arguments in favor of criminal protection, addressing its necessity, effectiveness and possibilities, current bill proposals, and their critiques.