Abstract
This article analyzes ADO 26 in conjunction with Ferrajoli's legal guarantee and the concept of judicialization of politics and social interests. The central hypothesis that guides the research is that this decision respected the guaranteeing parameters, consisted of judicialization of the policy and not judicial activism. The methodology was carried out from a case study in a pure, qualitative, inductive and exploratory way. Finally, it was inferred that the rights of this population would remain violated due to legislative omission, if the STF had not adopted the position of criminalizing homophobia and transphobia.
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