IDENTIDADE E DIREITOS LGBTI

DILEMAS ENTRE A JUDICIALIZAÇÃO E AS DISCUSSÕES PARLAMENTARES

Abstract

Abstract

The present article reveals an analysis of the effectuation of the LGBTI rights and the discussions in the Legislative about the subject, through law projects that were presented after the decision of ADPF 132 and ADI 4277 of the Supremo Tribunal Federal (Federal Court of Justice in Brazil) that recognized the Stable Union for homosexual couples. We propose a critical appraisal of how laws and projects interact with the historical moment in which we live. This is how we will begin an analysis of how, after the favorable decision of the STF in ADPF 132 and ADI 4277, it was possible the emergence of law projects and proposed amendments to the constitution aimed at the systematic withdrawal of LGBTIs' rights that were partially and precariously conquered with the aforementioned brazilian Supreme Court decisions. The article is divided into three parts: the formulation of the initial proposal that goes through the trajectory of the conquered rights and the attempt to withdraw them, in a second moment we will have a brief passage on the theoretical and methodological basis that enables such an analysis, and, finally, the analysis of the speeches about the bills that are the subject of the article. The methodology used was that of speech  analysis with a pragmatic and dialectical bias, as well as using documentary and qualitative research of laws and judicial decisions, in addition to bibliographic research and comparative analysis. The results showed an unconstitutional movement of discriminatory attempts to withdraw rights from a minority social group.