On November 20, the Federal District legislation started to provide a fine in the amount of R$5,320.50 up to R$106,410.00 for companies that discriminate against LGBTs people and a penalty of up to five years in prison for the person responsible for the discriminatory conduct. The Federal Supreme Court invalidated a legislative decree that had annulled the regulation of district law 2,615 / 2000, which punishes hatred against members of the community, which came into force for three days in 2017.
Other penalties include warning, suspension of the license for 30 days and even forfeiture, that is, the place can be closed permanently if discrimination is recurrent. If an employee has LGBTphobic behavior, the company will be held responsible and, if he is a public servant, he may be expelled from his job.
The law protects LGBTs in several ways, including banning the person because he is an LGBT, serving him differently, embarrassing him or denying the rental contract. Each case will be received and judged by a Special Investigation Commission within the Secretary of State for Human Rights.
In 2017, the law was suspended by district deputies on the grounds of “protecting families”, but the minister Carmen Lúcia, who is the rapporteur, said that the law is based only on “generic considerations on the need to protect the family, if it is clarified how the sanction of discriminatory practices due to people’s sexual orientation would interfere in this protection”.
Carmen Lúcia understands that the law that protects LGBTs does not prejudice the protection of the family, and that the legislative decree configures the Executive’s exclusive competence.
“In addition to offending article 2, item V of article 49 and item VI of article 84, all of the Constitution, attacks the act now questioned against the principles of human dignity and equality, in an unacceptable social setback in the protection against conduct discriminatory because of the sexual orientation of people in the Federal District “, concluded.