A heteronormatividade no discurso do Supremo Tribunal Federal em demandas relativas à diversidade sexual

Abstract

This reserach seeks to investigate the construction of the speeches of the BrazilianFederal Supreme Court (STF) in demands for constitutionality control focused on sexual diversity and gender identity. To this end, we analyzed all the rulings – and the votes that compose them – given in such actions in the period from 01/01/2010 to 01/01/2020, totaling four rulings. The first judgment evaluated was handed down in the joint trial of the Allegation of Failure to Comply with Fundamental Precepts (ADPF) No. 132 and the Direct Action of Unconstitutionality No. 4277, which dealt with the conjugality of homosexual couples. The second object of analysis was the ruling of ADPF 291, which dealt with the crime of pederasty, provided for in article 235 of the Military Penal Code. ADI 4275, which dealt with the adequacy of public records of transgender people, constituted the third ruling addressed in the present study, while the Ruling of the Direct Action of Unconstitutionality by Omission (ADO) 26 and the Writ of Injunction (MI) 4733, also judged together, refers to the last object of analysis. From this limitation, we move on to the synchronic and diachronic analysis of the speech, with the evaluation of divergences between the ministers and the comparison between their votes on different demands, respectively. Finally, we answer how discourses have been constructed in a heteronormative way and how the STF advances to guarantee the rights of the LGBTQIAP+ population.