O direito fundamental à igualdade no contexto da identidade sexual no Brasil: um estudo da situação jurídico-constitucional com ênfase no exame da suposta inconstitucionalidade por omissão do legislador civil

This dissertation analyses the Brazilian Supreme Court’s judgement in the Non-compliance Action of the Fundamental Precept 132/RJ and in the Direct Action of Unconstitutionality 4277/DF, which created in the country the same-sex civil union. In This decision, the STF interpreted according to the constitution Article 1.723 of the Civil Code, invoking several fundamentals reaffirmed in the Constitution. From all these laws invoked by the Supreme Court to support the pretorian creation, the content of consitutional Law regarding equality is the only that corresponds, and it is sufficient to evidence the necessity of the creation, by legislator, of the institute for civil rights, since the Constitution forbids distinctions that is not expressly provided for in the Constitution (Art. 3º, IV, of Federal Constitution). In this way, Article 226, § 3º is not an exception capable of satisfying the condition of the consitutional foresight because although it protect, according its content only the civil union “between the man and the woman”, it is not able to forbid the creation, by legislator, of another kinds of families, including the same-sex civil union. As such, the reasoning, now legitimate according to the legislator, is not support the creation of institute by Constitutional Court, because the Court may enforce the Law, interpreting in the purviews allowed by the legal text and its constitutionality. In regard to the civil union of individuos of the same sex, the Court could not deduce that such union was implied by Law, like the interpretation according to the Constitution given by judges, on grounds of semantic purviews of the words man and woman, existents in both articles. The Court could not created it either, exceeding the legal system role. So, upon the institute creation, the STF, exceeded two limits: the interpretation and Law enforcement.

Corpos Queer e a experiência da sexualidade: notas para o conhecimento da educação física

This study had the goal of make a dialogue between queer theory and the thoughts of the French philosopher Maurice Merleau-Ponty in the categories of body and sexuality. From this dialogue, other goals were designed, namely: identify possible recurrences of the experience of bodies and queer sexualities, designed under Merleau-Ponty’s perspective, to the knowledge of Physical Education and reflect on this domain of knowledge using the notions of queer epistemology and esthesia. The study had as methodology the phenomenological attitude proposed by Merleau-Ponty and use the reduction as technic of research. Trying linking these thoughts we used the cinema of the Spanish director Pedro Almodóvar as perceptive strategy, an exercise of look as possibility of reading the world and new ways of perceiving the human being. We appreciate three films, namely: All About My Mother (1999), The Skin I Live In (2011) and Bad Education (2004), which put us in touch with bodies and queer sexualities, with the body of esthesia, of the ecstasy, sensations and lived experiences, un type of art whose contours are not fixed or determinable, postulate by Merleau-Ponty. The philosopher, provide a rich conceptual view of the body and their sexual experience, extends and opens horizons of thought and reflection about queer experience, one experience indeterminate and contingent as a singular way of inhabiting the world. Those horizons opened by the philosopher and added to the queer perspective contribute to put in question the modes of knowledge production and the knowledge about body and sexuality in Physical Education. Finally, we point that this theoretical conversation give us clues to reflect about the reverberations of a queer epistemology for Physical Education usiging one type of knowledge guided by esthesia and sensitivity as marks of another scientific rationality.

Dançando às avessas: relatos de um processo de criação

The term body without organs is present in a poem by the french writer, actor and director Antonin Artaud, written in 1947 and titled: To Have Done with the Judgement of God. I aim, in this work, from what we call investigative scenic writing, to problematize this term and its possible relations with the theater and also with some aspects of the Hindu myths. I unite the idea of the body without organs with the body in trance present in the stories of an Indian master named Caitanya Mahaprabhu. These ideas, along with the development of practices that come from some principles of Theatre Anthropology, are incentives for a creation process that highlights the work of preparation and creation of corporeal work of the actor. The relationship between the concepts and the practice raise discussions about where I stand as an actor-researcher in process