Necropolítica LGBTQI+: a ONU como fonte de reconhecimento dos direitos desta população no Direito Internacional

Abstract

This study seeks to analyse the United Nations (UN) and it’s documents as a source of recognition for the rights of the LGBTQI + population and the importance of its binding documents for the international recognition of the rights of the LGBTQI + population in its Member States. It aims to achieve this through the perspective of critical theory of international law in its feminist / queer bias. It is intended to analyse the meaning, symbolic and legal, of the absence of binding documents that prohibit the criminalization of the LGBTQI + population capable of promoting the protection of their lives and dignity, as well as examining how this legal abandonment influences the constitution of subjects between ‘‘valuable lives and disposable lives”, “friends and enemies of morality and the State ”. In addition to seeking an understanding of how power, in post-colonial times, takes the form of necropolitics, which considers death not only a biological phenomenon, but also a moral, social, and political one. Laws being one of the tools for executing power, when creating subjections. Using the analysis of the discourse that structures the hegemonic ideology of power in international law to verify how, through legality itself, the technologies of erasure and epistemicide are justified. Thus, the analyses appear to indicate that the non-recognition of rights, and of citizenships, is personified under the concept of necropolitics, which consists of the “license to kill” granted by the Sovereign Power to States, which is based on the violence resulting from heterocispatriarcal morality.