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Legislative vulnerability of minority groups.
Carlos Eduardo Artiaga Paula1, Ana Paula da Silva2, Cléria Maria Lôbo Bittar1
1Universidade de Franca. Av. Dr. Armando de Sáles Oliveira 201, Parque Universitário. 14404-600 Franca SP Brasil. carlosedart@gmail.com.
This study assessed legal protections for minority groups, finding most have strong legislative safeguards. However, the LGBT community faces weak legal protection, highlighting discriminatory disparities in rights regulation.
Area of Science:
- Socio-legal studies
- Human rights law
- Public policy analysis
Background:
- Minority groups often face societal disadvantages and vulnerability.
- Existing legal frameworks may offer varying degrees of protection.
- Understanding legislative strength is crucial for advocating minority rights.
Purpose of the Study:
- To analyze and categorize the legislative vulnerability of various minority groups.
- To evaluate the strength of legal protection across different minority classifications.
- To identify disparities in legal safeguards afforded to vulnerable populations.
Main Methods:
- Documentary research methodology applied to 30 federal laws.
- Analysis of legal provisions specifically designed for minority protection.
- Categorization of legal protections into civil, criminal, administrative, labor, and procedural domains.
Main Results:
- Six minority groups (elderly, disabled, Indians, women, children/adolescents, black people) demonstrate strong legislative protection.
- The LGBT group exhibits weak legislative protection, indicating a significant gap.
- Legislative protection is not uniform, revealing discriminatory patterns and majority group interference.
Conclusions:
- The assertion that minorities are outside the law is largely inaccurate due to existing strong protections.
- Weak legislative protection for the LGBT community requires urgent attention and reform.
- Formalizing rights through legislation enhances institutional mechanisms for minority advocacy and enforcement.
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