'Omofobia' e diritto penale

[Autom. eng. transl.] The contribution analyzes the proposed unified law under discussion in the Chamber of Deputies on the subject of the so-called homophobia. Concerns about the objective of better prevention in this area are illustrated, which is entrusted to the tightening of the criminal rules already applicable in this regard, proposing alternative ways that avoid the risk of a symbolic use of the criminal rules. The problem of the relationship between the penalization of acts qualifying as discriminatory and the need to guarantee, even in the context in question, the free expression of thought, where this does not assume objectively offensive characteristics, is also addressed.