Lesbianidades negras e a Lei Maria da Penha: um debate sobre heteronormatividade jurídica

Abstract

The general objective of this article is to discuss whether there is a structural heteronormativity of the legal system for the protection of women and its effects in relation to the specific protection of black lesbians in the Maria da Penha Law. As specific objectives, it was sought to describe the legal protection existing in Brazil in relation to women in the LMP, to verify whether such protection specifically pays attention to the peculiarities of protection for black lesbian women; and then discuss the results from the Critical Theory of Law and lesbofeminist theories. The theoretical framework was composed of the dialogue between The Critical Theory of Law and lesbofeminist theorists, whose analyzes of the latter are aimed at recognizing the place of the lesbian body in the patriarchal system, questioning heterosexuality from the perspective of intersectionality. The methodology used included a documentary analysis of the Maria da Penha Law and a literature review on legal protection against domestic and family violence against women. It was found that the Law is often expressed in accordance with the heteronormative expectations of society, in accordance with the male principle of domination, which tends to make the recognition of black lesbians and the violence suffered by this group unfeasible.