Banca de DEFESA: YGOR RAFAEL CASSIANO DE ARAÚJO

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : YGOR RAFAEL CASSIANO DE ARAÚJO
DATE: 15/06/2023
TIME: 09:30
LOCAL: Ambiente Virtual
TITLE:

THE LEGAL CONSTRUCTION OF SEXUAL CITIZENSHIP IN BRAZIL: A DIALOGUE WITH THE INTERNATIONAL REGULATORY FRAMEWORKS FOR THE PROTECTION OF LGBTQIAP+ PEOPLE AND THE JURISPRUDENCE OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS

 

KEY WORDS:

Sexual citizenship. LGBTQIAP+. Inter-American Court of Human Rights. International Human Rights Law.

PAGES: 208
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The research investigates the role of legal discourse in the rights of citizenship granted to sexual minorities described by the acronym LGBTQIAP+. Therefore, it develops the idea of culture as a foundation for theorizing about biological sex, gender identity, gender roles and sexual orientation, being responsible for creating a political, social and legal system that values people differently, based on neither such norms. characteristics. Consequently, people who differ from sexual norms are led to a locus of prejudice and abjection, from which acts of violence and deprivation of rights result. Furthermore, in recent decades, respect for diversity and the fight against intolerance have become challenges for International Human Rights Law. Therefore, the search for the effectiveness of the principle of equality and non-discrimination has been expanded, through international discussions, in order to discuss new interpretations for the international norms in force, and to list the legal assets that must be protected from discrimination. In this context, the role of the Inter-American Court of Human Rights stands out, the jurisdictional and advisory body that in recent years issued Advisory Opinion No. 24/2017, which interprets the provisions of the American Convention for the benefit of LGBTQIAP+ people, as well as issued five condemnatory sentences directed against different national States that demonstrably violate the rights of these minorities to dignified, equal treatment and free of discrimination, imposing on the violating States various forms of reparations and compensations with the aim of correcting culturally constructed social disparities. Based on this context, the following research problem is submitted to the present study: how the international normative frameworks for the protection of LGBTQIAP+ people and the jurisprudence of the Inter-American Court can influence the legal construction of the concept of sexual citizenship in the domestic sphere, so that it, doctrinally interfere with the compatibility of Brazilian norms and judicial decisions with the context of protection that has been built by the International Law of Human Rights? Thus, the present study is guided by the hypothetical deductive method, starting from the premise that international norms and judicial decisions contribute to the construction of a concept of sexual citizenship, which doctrinally must be used as a foundation for the interpretation and compatibility of norms of Brazilian law, as well as to support decisions made in the judicial and administrative spheres, with the aim of correcting culturally established disparities, encouraging the review and repair of human rights violations in the national territory and socially including historically marginalized groups. Furthermore, the auxiliary historical and statistical method were also used, with the aim of contextualizing the situation of LGBTQIAP+ people in Brazil, presenting statistical data on violent deaths in the last two decades. It is also concerned with presenting the historical normative construction of Human Rights and its evolution to legally protect individuals against discrimination motivated by sexuality and gender identity.

COMMITTEE MEMBERS:
Externo à Instituição - CLARINDO EPAMINONDAS DE SÁ NETO - UFSC
Interno - 2527208 - THIAGO OLIVEIRA MOREIRA
Presidente - 1657901 - YARA MARIA PEREIRA GURGEL