Acessibilidade / Reportar erro

FROM HOMOSEXUALISM TO HOMOAFFECTIVITY: BRAZILIAN JUDICIAL DISCOURSES ON HOMOSEXUALITIES, 1989 - 2012

Abstract

This paper analyzes the main changes in judicial discourses on homosexualities based on decisions by the Brazilian Supreme Court and the High Court of Justice from 1989 to 2012. I tried to understand a) the standards of complexification in the forms of State (through the judiciary) exercise of power over bodies and sexualities in recent decades; and b) identify the operation of a process of democratization of social and affective relations by the judiciary. I combined the genealogical analysis of the texts with their classification in a typology for judicial discourses proposed by Rios and Oliveira. I identified a strong democratizing trend of social and affective relationships, processed by the Brazilian judiciary, which became majoritarian since 2011. However, the research also showed a strong tendency to a sort of familist assimilationism, and to the normalization of subjects, affections and sexualities according to heteronormative standards. This reveals an ambiguity risk/potency present in the process of recognition of sexual rights by the Brazilian judiciary.

sexual rights; LGBT; access to Justice; judicial discourses, homosexualities

Centro Latino-Americano em Sexualidade e Direitos Humanos (CLAM/IMS/UERJ) R. São Francisco Xavier, 524, 6º andar, Bloco E 20550-013 Rio de Janeiro/RJ Brasil, Tel./Fax: (21) 2568-0599 - Rio de Janeiro - RJ - Brazil
E-mail: sexualidadsaludysociedad@gmail.com