O estado da arte da produção teórica sobre população LGBTI+ e prisões

Abstract

The Brazilian justice system - like many others worldwide - has failed to recognize and respect human diversity. It is essential to expand the understanding of the realities experienced by Lesbian, Gay, Bisexual, Transgender, Transvestite, Intersex, and other sexual orientations and gender identities/expressions (LGBTI+) in the prison context, acknowledging that these institutions reflect and represent broader social issues. Cisgender identity, combined with heterosexuality, establishes norms that regulate and standardize bodies within an essentialist and universal framework. In this regard, LGBTI+ individuals are constantly perceived as a risk, regardless of their actions before the law. The situation of LGBTI+ people deprived of liberty highlights the urgent need for policies and practices that ensure equal treatment, protection against discrimination, and safeguards against violence within the prison system, given the obstacles and adversities faced by this population in these environments. The study initially questioned whether the sexual orientations and gender identities of incarcerated LGBTI+ individuals are used as a factor motivating systematic violence in these settings. Thus, the research aimed to analyze theoretical productions concerning the LGBTI+ population in the prison system. The specific objectives were: a) To present the state of the art of theoretical productions on the LGBTI+ population and prisons; b) To identify theoretical trends in the debate on gender, sexuality, and deprivation of liberty in these studies; c) To investigate the demands of the LGBTI+ community deprived of liberty, as evidenced in these studies; and d) To contribute to increasing the visibility of the LGBTI+ population in the prison context. To conduct this study, we used a literature review known as the "State of the Art" or "State of Knowledge," which helped map and discuss existing academic productions available in the CAPES Journal Portal. The research concluded that there is a scarcity of studies on this topic, with only 16 results found; that the selected studies do not address lesbians, bisexual women, or transgender men; that despite legal advances aimed at protecting LGBTI+ individuals in prisons, these measures remain insufficient in practice; that LGBTI+ people suffer double punishment when incarcerated, but despite the violence, they develop survival strategies within these spaces.