Heteronormatividade e genitalização compulsória : do discurso jurídico como mecanismo de controle e disciplina - ou de emancipação - dos corpos

Abstract

Sexuality, which is understood by being a man or a woman, is a fluid, social construction. However, in our societies, from conception, upon knowing the sexual apparatus of the conceived being, a variety of social statuses come with compulsory genitalization: being a man or being a woman is a behavioral product. Thus, for subjects to be conditioned to this norm, several control centers and discourses will be fostered: family, school, religion, laws, and the Judiciary. That our laws are drunk with this conservatism, we have no doubts, what we intend to study through this project is to what extent the legal discourse reaffirms this conservatism or not. Therefore, this research seeks to point out the determining factors on which the incidence of Christian morality has governed our singularities, hurting the precepts of subjectivities. The investigation seeks to analyze the service and classification of the main cases of progress achieved by the Judiciary or cases of reaffirmation of the so-called normal pattern. The approach is qualitative with an exploratory phase, followed by a descriptive phase. As for the technical procedures, a bibliographic and survey research will be adopted, based on legislation, doctrines, books and articles, with a review of the existing literature on Sexuality, Discourse, Control, among others relevant to the study, ending with the analysis of the ADI 4277. The method of analysis is the Genealogical, as proposed by Foucault. The excavated archives indicate that, throughout the construction of our societies, discourses (medium, religious, legal and legal) were used as mechanisms for the construction of Truths, simply expressing the will of the hegemonic group of the time; Truths like the essence of man, sexuality, the “normal” and the “abnormal”, is nothing more than a social construct.