This week, the event promoted by the Gethsêmani Baptist Church on the theme “How to prevent and reverse homosexuality?”, under the guidance of pastor Isildinha Muradas, which would be held on 24/11 at 19:30 pm, gained prominence in the media and on social networks. in Belo Horizonte (MG).
+I was discriminated against on social media for being LGBT. What are my rights?
+I was discriminated against on social media for being LGBT. What are my rights?
The reaction from the LGBT social movement and supporters was immediate, with strong criticism of the attempt to promote the so-called “gay cure”.
Fortunately, the mobilization took on large proportions on the networks and had an effect. The pastor was unmasked by the Brazilian Pedagogy Association, which revealed that she is not a psychopedagogue, as originally announced at the event. And the Public Ministry of Minas Gerais opened an investigation to investigate the crime.
For those who don't know, the promise of a “gay cure” is a crime of quackery and/or witchcraft, provided for in articles 283 and 284 of the Penal Code, and can lead to a sentence of three months to one year in prison and a fine. Furthermore, since 1999, the Federal Council of Psychology (CFP) published a resolution that prohibits the offering of this type of “treatment” by its professionals, with the possibility of having their registration revoked to practice the profession.
Already questioned in the Federal Court in Rio de Janeiro, through Public Civil Action no. 18794-17.2011.4.02.5101, proposed by the Federal Public Ministry, Resolution no. 1/1999 of the CFP had its validity confirmed in July 2016 by the Federal Regional Court (TRF) of the 2nd Region.
Amidst so much repercussion, many people who are averse to controversy may be asking themselves: why don't we let people seek help to “revert” their homosexuality? After all, everyone minds their own business, right? Wrong.
When we talk about healing of any kind, we start from the assumption that what they are trying to cure is a disease, something that homosexuality is not – at least since 19990, when the World Health Organization (WHO) stopped considering it a pathology. Therefore, by allowing someone to sell a cure for something that is not a disease, the State allows people to be deceived. Something similar to the logic behind the Consumer Protection Code, which protects citizens from misleading advertising. But since we are talking about health, banning the “gay cure” is equivalent to banning a health treatment that has no scientific validity.
In addition to misinforming, the dissemination of “gay cures” contributes to the stigmatization of lesbians and gays, as it is based on the assumption that there is a right and wrong for sexual orientation, something inconceivable in moral and legal terms, as everyone lives their own sexuality in the way that best suits you, respecting the sphere of freedom of third parties (those who are unable to agree to the sexual act, for example children or drunk people) – the famous right to freedom.
By prohibiting the “gay cure”, the State does its part to ensure that lesbians, gays and bisexuals do not have their identity diminished as if it were worse than that of a heterosexual person. This is its role, to combat inequalities and all forms of discrimination. In turn, the LGBT community must demand that this mission is not a dead letter, but rather a public State policy. When it comes to discrimination, in this case due to sexual orientation and gender identity, remaining silent is not an option. Or we will be accomplices in the misery of countless lesbians, gays, bisexuals, transvestites and transsexuals who are victims of the culture of intolerance.
* Thales Coimbra is a militant lawyer and specialist in LGBT law (OAB/SP 346.804). He obtained a bachelor's degree and also a master's degree from the Faculty of Law at USP, where, between 2009 and 2015, he founded and coordinated the Study Group on Law and Sexuality. He also worked between 2015 and 2016 as a lawyer for the Arouche LGBT Citizenship Center of São Paulo City Hall. He is a speaker and writes for the portals A Capa and NLucon. Please email thales@thalescoimbra.com.br.
