O direito como agente normalizador dos direitos humanos LGBTI

Abstract

This paper seeks to analyze if the Law is a guarantee instrument of rights or just a normalizing discourse ruled by a logic of domination of bodies LGBTI. Initially, it sought to analyze briefly the concepts of sexuality, sex and gender, from the theoretical reference of Michel Foucault, in order to demonstrate that such concepts are results of a social construction. Through the explanation of the Queer Theory, it seeks the deconstruction of innate and stable concepts arising from a discourse endowed with heteronormativity, focusing on the individual who escapes the heterosexual binarism. Thus, it is sustained the sexuality as a construction, in the form of a device responsible for the creation of an idea of biological sex, as well as the production of multiple sexualities, which had to be named and cataloged for controling purposes. In a second moment, it investigates the relationship between Law, Power and the Truth incident on the sex, in order to verify if the Law is a normalizable surface by the alluded power and truth and, therefore, normalizing. For that, it approaches the Law from the identification of a normalized-normalizing image crossed by the power and the constructed truth about the sex. The third moment, it establishes, with all the above, how the Law presentes itself as a normalizing tool in the creation, implementation and expansion of public policies, such as the Social Name ID, and specific spaces such as the "Third Bathroom", aiming to encompass the individuals who escape the binary and heterosexual logic imposed by the sexuality device. By the end, this work has joined one of the images of the Law, which Foucault called as the "new Law".