Proposições legislativas acerca da “cura gay”: uma análise sob a ótica do Direito da Antidiscriminação

Abstract

The historical process of consolidating moral and religious discourses in the society, through the institutionalization of discourses of dominance and power, subjected anyone who expressed their sexuality differently to the imposed social standard, inserted into this mechanism, pathologization, to a process of marginalization and repression. of sexuality was characterized as an effective instrument of social control and form of punishment. In this scenario, the research aims to analyze the legislative proposals that deal with sexual orientation reversal therapy from the perspective of anti-discrimination law. To this end, the research adopts a bibliographic review methodology and is divided into three parts. The first part presents an overview of antidiscrimination law, its fundamental elements and concepts, highlighting the prohibited criterion of discrimination based on sexual orientation, its theoretical perspectives and insertion in the Brazilian legal field. The second part covers the social history of the pathologization of homosexuality, then demonstrates the sociopolitical context in which sexual orientation reversal therapy was inserted worldwide. It also presents the legislative proposals that aimed to suspend the aforementioned resolution and also a description of the proposals that aimed to criminalize the “gay cure”. The last chapter is structured based on the justifications of bills and draft legislative decrees to, from the perspective of anti-discrimination law, analyze the arguments used. It understands the occurrence of discriminatory contexts in the arguments of the legislative proposals analyzed and completes the understanding of the right to anti-discrimination as an effective instrument to combat and understand discriminatory conduct within the scope of the Brazilian legislative process.