Necropolítica LGBTQI+: a ONU como fonte de reconhecimento dos direitos desta população no Direito Internacional
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Date
2021-06-06
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Universidade Católica do Salvador
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.
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Keywords
Direitos da população LGBTQI+, Teoria queer, ONU, Direito internacional, Necropolítica, Rights of the LGBTQI + population, Queer theory, UN, International right, Necropolitics