Pecado, crime ou doença: discursos jurídicos sobre a homossexualidade no Brasil sob enfoque na ação popular da “cura gay”

Abstract

The main theme of this study is the analysis of legal discourses produced on homosexuality in Brazil, taking as reference the grounds contained in the judicial decisions of the 2017 “gay cure” Popular Action. The objective was to investigate whether the grounds conveyed in these acts would reveal the adoption of discriminatory discourses about homosexuality by the Judiciary. Throughout the chapters, we sought to reconstruct pertinent concepts for a better analysis of the matter, such as categories related to contemporary discussions in the field of gender and sexuality, as well as historical and constitutional assumptions of the action itself. In order to fulfill these objectives, a case study was used, through discursive analysis of French origin, as well as documentary research and bibliographic review, to carry out the survey of the elements of the judicial process, as well as the interpretative keys capable of deciphering it. Finally, a detailed analysis was made of the main events that marked the development of the action itself, from its filing to its dismissal by the Supreme Federal Court in 2019. It was possible to verify the persistence of discriminatory assumptions in the decision analyzed, including through its potential effects. The dissection of such discourses was evidenced through the silences and prohibitions present, in addition to the explicit content. The research revealed itself to be exploratory and descriptive in nature and used qualitative and inductive methods as its approach