Editors: Alexandre Melo Franco de Moraes Bahia (UFOP), Emerson Ramos (UFT), Renan Quinalha (UNIFESP)
In the 2010s, Brazil achieved the principle rights that the LGBTI+ movement had historically demanded, especially those established by the Brazilian Supreme Court (STF, in Portuguese). Direct Unconstitutionalty Action (ADI, in Portuguese) 4.277 and Allegation of Non-Compliance with a Fundamental Precept (ADPF, in Portuguese) 132, judged in 2011, equated the unions between same-sex partnerships with the other stable unions, which made it possible to formalize the guarantee of equal civil marriage through Resolution n. 175/2013 of the National Council of Justice (CNJ, in Portuguese). In ADPF 291, judged as partially valid in 2015, the STF considered as unconstitutional
the mention of the term homosexuality in article 235 of the Military Penal Code, which considers “pederasty or other act of libertinage” as a crime. In 2018, the right to gender identity of trans people was recognized (as well as its legal consequences) through Extraordinary Appeal (RE, in Portuguese) 670.422 and ADI. 4.275. In 2019, in the Writ of Injunction 4.733 and Direct Unconstitutionality Action by Omission (ADO, in Portuguese) 26, it was decided to criminalize LGBTphobia, by framing the conduct within the Racism Law (Law 7.716/89). It is also worth mentioning the recognition of the right to donate blood, in May 2020 in the ADI. 5543, by gay men, bisexuals, trans women and travestis. Finally, the Supreme Court has recently considered the unconstitutionality of municipal and state legislation that prohibited discussions of gender and sexuality in schools.
After so many achievements, the feeling is that, at least from a formal point of
view, there is no more to fight for. Apparently, the process of full civil rights for the LGBTI+ population have been achieved through action of a Judiciary Power sensitive to the demands of sexual minorities that would be getting stronger every day. This, however, is wishful thinking that does not hold up when confronted with social reality.
Brazil is one of the most violent countries against the LGBTI+ population. In addition to this chronic and structural violence that persists despite the formal recognition of rights, there is a growing escalation of conservatism that takes over society and the institutions of the Brazilian State. Thus, if it is true that significant historical achievements came from the past decade, so is the fact that there is still a lot to fight for in a context of permanent dispute and tension around the construction of LGBTI+ rights.
In this context, the organizers call for research on new directions in thinking about LGBTI+ rights in Brazil. The questions that will guide the dossier are: what is the degree of effectiveness of the paradigmatic court decisions of the STF and their effects on Brazilian society and culture? To what extent can decisions be applied that, despite promoting advances in recognition, are still guided by a binary vision of gender and a conception of sexuality based on the family? How do legal norms operate in the face of the fluidity of identities that escape the still strict contours of the subject of rights? Why, despite ten years after the STF’s decision on same-sex unions, does the National Congress still fail to legislate on this matter (and any other matter related to the LGBTI+ minority)? To what extent does the absence of laws in the formal sense make LGBTI+ rights even more precarious? How does the legislative failure to address the issue reveal a problem concerning the crisis of representative democracy in Brazil? What are the new frontiers of practices and identities not recognized by Brazilian law (eg. intersex people)? How does the country’s ongoing moral crusade against sexual and reproductive rights threaten the full civil rights of LGBTI+ people? In short, what is left for us to fight for in a complex situation like the current one?
We intend to publish a thematic dossier that serves both as a critical assessment of the recognition process followed so far and as an understanding of the present and future challenges imposed on people who care, in practice and in theory, with the full civil rights of LGBTI+ people in the country. In this perspective, it is relevant for the edition that contributions take into consideration the academic productions on gender and sexuality already published by "Direito e Práxis," in particular the thematic dossiers, “Supremo Tribunal e questões de gênero e sexualidade” (v. 11, n. 2, 2020) and “Direito e Gênero” (v. 7, n. 3, 2016).
Submission and deadlines:
Proposals must be sent to [email@example.com] by September 30, 2021 (DEADLINE EXTENSION: OCTOBER 30, 2021). In addition to complying with the general submission rules indicated by this journal, they must contain:
Submission and deadlines:
∙ Title: subtitle
∙ Name, email, academic or profesional position, institutional links of authors,
email and ORCID.
∙ An abstract of 1,200 words at most, clearly indicating the object of the work, its hypotheses, the method that will be used in the development of the research, the expected conclusions, and the contribution of the research to the field. The word count of the abstract does not include possible references.
∙ A provisional structure of the text’s topics, including a list of possible cases,
experiences or theoretical proposals that will be analyzed.
The submission of articles is restricted to only one work per author (although on condition of co-authorship).
Proposals accepted for development will receive consideration from the organizers, considering the submission of the complete work by January 2022 and the final review by March 2022.
09/30/2021 — Deadline for authors to submit article proposals. (DEADLINE EXTENSION) — OCTOBER 30, 2021.
11/30/2021 — Deadline for editors to communicate decisions on proposals received.
01/30/2022 — Deadline for authors to send the final version of the articles.
02/28/2022 — Deadline for editors to return the articles to the authors with comments.
03/31/2022 — Deadline for authors to return with the final versions of their articles.
June 2022 — Publication of the dossier.