Diversidade de Gênero e Direito: contra discursos pseudonaturalistas e pela construção cultural dos direitos identitários

Abstract

We live in a historic moment where information about gender and sexuality is varied and widely disseminated, which is a step forward and ensures that the issues begin to debate. However, to the same extent it is dangerous because there is a sometimes meticulously planned use of this information for holding positions and consequently for power In addition to the erroneous information that is passed on, and as we are faced with issues considered social taboos, controversial, the debate is still restricted and distorted messages proliferate. What is at the basis of this discourse that shapes everyone from birth through the identification of sex, conforms to gender patterns and consequently sexuality and desire, is cisnormatividade and compulsory heterosexuality, which has in the processes of naturalization its greatest and most effective weapon. With the use of biological / scientific discourse, it is possible to justify almost unquestionably some roles. By religious bias, positions and actions are sacralized in order to place in the field of the mystic and divine, which is the choice of certain groups. With this comes the naturalization of human living and the possibility of marginalizing everyone who does not fit. This creates a mass of deviants, who correspond to an abject side of society and therefore deserve to be punished. Punishment comes from violence, discrimination, apathy and invisibility. So thinking about gender and sexuality is talking about the naturalization of social processes and how in a cyclical movement this is fed back and maintains a perverse structure where everyone - in different measures - is oppressed and victimized by a code of conduct that has unhealthy masculinity as base and parameter.