Gênero (in)visível: a mulher transexual e a privação de liberdade

Abstract

This dissertation investigates the relationship between the criminal justice system and the gender / sexuality markers in order to understand the treatment (attention, reception and host) provided by the Brazilian State to transsexual women in prison. For this study were based on the human rights paradigm, the constitutional charter, the precepts established in international treaties that have Brazil as a member and the observation of the discourses / practices of formal and informal social control agencies that act on the trans women's bodies in a situation of legal and social vulnerability. From the theoretical point of view, this work is aligned with studies of gender and sexuality, through a macropolitical support, whose repertoire focuses on the control and docilization of bodies by the State, developing through an analysis of the power structures. , the cultural and social aspects, legal-institutional paradigms and the patriarchy-capitalism intersection. The central question of this paper is based on the following question: “How are transsexual women viewed and treated by the Brazilian criminal justice system, since gender performance does not find practical resonance in this country's legal paradigm?”. Based on this starting question, and based on Joint Resolution No. 01 of 15 April 2014 (which establishes the parameters for the reception of LGBT in deprivation of liberty), the period from 2014 to 2017 is signed as a time frame for observation. . In this sense, through historical research (primary and secondary sources) and apprehension of key categories of / for conceptual analysis of sex / gender, sexualities and culture, situating transsexuality according to historical, sociological and legal aspects; It is intended to understand the legislations related to the problem of transsexual women allocated in the Bahian penal system. For this, the dialectical-critical approach methods will be used . The qualitative analysis, which will be developed interdisciplinarily, since the richness of the interface of the subject demands it. Methodologically, in the foreground, it was necessary to work on contemporary perspectives on gender, sexuality and human rights. It was used a dialectical confrontation between not only legal, but also sociological and philosophical theories that are part of this wide range of political-social phenomena that dialogue with the scope of research. Subsequently, an empirical analysis (interviews) related to the research problem was conducted together with a documentary legal and political evaluation concerning the struggles of the LGBTQ + s movements.