Liberdade de expressão e liberdade acadêmica para a educação sobre gênero e diversidade sexual

Abstract

Sexuality can not be defined from repression. There is a will to know about sex. This isFoucault's hypothesis in History of Sexuality I: The Will to Knowledge after analyzing thescientific and philosophical production on sex and sexuality in France between the 17th and19th centuries, Foucault identified the proliferation of discourses on sexuality that operatedthe creation of a true Scientia Sexualis in the West. From the twentieth century, the "GenderStudies" of critical American sociology, such as the works of Joan Scott and Judith Butler,have developed the idea that there is a problem in how sex, gender, and sexual diversity areproduced and reproduced in our society. The twist in the understanding of sex / gender andsexuality is based on the idea that there is a binary male / female structure, which conditionsthe production and reproduction of sexuality in society through a compulsoryheterosexualization that invisibilizes forms by which sexuality manifests itself in society.Gender studies identify that there is a need to perceive sex / gender and sexuality, as noteminently natural, but rather part of a performative construction, hence the need todeconstruct and reformulate the ways in which gender and sexuality are produced andreproduced in society. In Brazil, political forces practice power strategies aimed at censoringthe discussion about sex / gender and sexual diversity in schools. The cut of this verificationwill be the analysis of the federal veto to the Project Escola Sem Homofobia that meansSchool without Homophobia, that sought to implement the discussion brought by the Studieson gender for the basic education system of Brazil. The aim of this work is to find grounds inthe American theory on freedom of Speech, through the arguments brought by exponents offirst amendment studies, to identify repressive strategies against sex / gender education and /or sexual diversity in schools as a form of censorship. This censorship seems being motivatedby a phobia against the population LGBTTIA +. The processes of marginalization create anOther subject, unable to constitute rights and effectively enjoy their rights and guarantees,becoming a subaltern Subject.