Reificação e historicidade: uma proposta de contrapublicidade histórico-reconstrutiva a serviço do direito de transexuais em cárcere

Abstract

The framework of violation of human and fundamental rights to which the trans group has been subjected in the course of history has engaged social movements to fight for justice with economic, cultural and political claims, and research aimed at understanding, unveiling and enabling the overcoming of institutionalized violence. In order to advance in this direction, this dissertation returns to the theoretical debate between Nancy Fraser and Alex Honneth, whose attention lies on the jailed group, which suffers from the present violation of rights, authorized and affirmed by state acts as concluded from the investigation of administrative acts (Resolution of the State Secretariat of Penitentiary Administration of Rio de Janeiro No. 558, Resolution No. 11 of the Secretariat of Penitentiary Administration of São Paulo, Joint Resolution No. 1 - carried out with the joint effort of the National Council to Combat Discrimination and the National Council of Criminal and Penitentiary Policy - and the National Plan of Criminal and Penitentiary Policy) and judicial proceedings (Habeas Corpus No. 152,491, Precautionary Measure in the Argument for Non-compliance with Fundamental Precept No. 527, Extraordinary Appeal No. 670,422 and, notably, Direct Unconstitutionality Action No. 4,275). In this context, the following research problem is formulated: the extent to which the idea of historical-reconstructive counter-publicity established by the conceptual approach between Honneth and Fraser reveals the theoretical scope to effect fundamental rights of trans and transvestite women in compliance with the custodial sentence, democratically deconstructing the reification processes present in the Supreme Federal Court’s argumentative strategy of judgments from Direct Unconstitutionality Action No. 4,275, whose argumentative framework is complemented by Extraordinary Appeal No. 670,422 and HC No. 152,491? It is hypothesized the perspective that historical-reconstructive counter-publicity unveils theoretical scope and relevance to realize fundamental rights of trans and transvestite women in prison, as it deconstructs processes of reification, from a historically situated perspective and that criticizes the argumentative strategy of court decisions that violate the rights of these groups.