Direitos para alienígenas sexuais: um estudo sobre a lógica de poder e a verdade produzida sobre a sexualidade no campo jurídico

Abstract

This present research has as main object of study the power logic and truth produced about sexuality in the legal field. Therefore, it has listed the following objectives: first, based on the theoretical concept of "government of life," written by Michel Foucault, which has sex as its core and is based on three interdependent pillars: Power, Truth and Law; analyze the Power and the Truth incidents about sex in order to conduct a historical reconstruction, denatured, of sexuality and sexual subject concepts. On that ground, Sexuality supporting himself as a construction in the form of a device, responsible for creating the idea of biological sex, as well as the production of deviant sexualities, which had to be named and cataloged, for controlling. In a second moment, investigate the law's relation to the Power and the Truth levied on sex, in order to verify if the law is an “attempt to normalize” by the discourse of power and truth, and normalizing. Through the realization of the right from the identification of a standard-normalizing image, crossed by power and actually built on sex; In a third step, determine the configuration of power and truth built about sexuality in the legal field, from the analysis of the speeches of nine respondents, law professionals with a direct role in the field of the rights identified as "gay"; perceiving speech unison in relation to the use of sexual identities of rights guided in sexual categories. Analyzing such discourses in the light of power logic and built truth about sex in the light of the idea of a modern moral topography, from the sociologist considerations Jesse Souza and Pierre Bourdieu, as well as from the concept of "moral entrepreneurs" by Howard Becker. Finally, in a fourth moment, analyze, historically, the sexual movements in the international and national levels, with the aim to pointed out the role of sexual identities in the conquest of rights, even though they constitute a speech crossed by power and truth built about sexuality. Furthermore, to highlight, however, that the use of sexual identities is contradictory and insufficient, seeking a way to ascend the logic of identity, passing by the theoretical conceptions of Queer Theory, as well as the concept of "performativity", built by Judith Butler. Finally, support a mode of creative life, based on "becoming" rather than "being", reflecting on whether, and how, the law constitutes an element of that way of life, thus representing a subversive element to the mechanism of power and true incident about sexuality.