Lesbianidades negras e a Lei Maria da Penha: um debate sobre heteronormatividade jurídica
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Date
2021-12-15
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Universidade Católica do Salvador
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.
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Keywords
Heteronormatividade, Lei Maria da Penha, Lesbianidade, Orientação sexual, Violência doméstica e familiar, Heteronormativity, Maria da Penha Law, Lesbianity, Sexual orientation, Domestic and family violence