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.

Lócus de controle e conceito de maternidade e paternidade em adolescentes

Locus of control is a construct that seeks to explain people's perceptions about the source of control of events, if the subject's own - internal - or belonging to some element outside of oneself - external. The location of individual s locus of control will suffer influence of their developmental period. During adolescence, individuals turn to the construction of their identity, and the structuring of sexual identity is a relevant part of this process, since the roles of males and females are the most important from the socio-cultural point of view. One of the roles that adolescents can take is the mother or father. We chose to head the adolescents who are not mothers and fathers, and question them about their concepts of parenthood. It is hypothesized that adolescents with internal locus of control will probably develop concepts of maternity and paternity in which they attach to themselves the responsibility for children. The aim of this study was to relate the locus of control s predominant dimension in adolescence and the way that these young people conceptualize parenthood. This is an exploratory analytical cross-sectional study accomplished with 400 adolescents from the classes of the sixth to ninth grade of high school at public schools in Natal / RN. We used as protocols: structured questionnaire involving sociodemographic questions and questions about the concept of parenthood, and the Multifactorial Scale of Locus of Control. Data were analyzed using descriptive and inferential statistics, with the aid of statistical package SPSS 18.0. The results regarding questions about the concept of maternity and paternity were analyzed using the analysis program often ALCESTE 4.7. The results showed that for boys and girls, maternity and paternity were characterized by the acquisition and assumption of responsibilities of adulthood. This concept is supported by the locus of control s classification of individuals, since most of the subjects of this study was characterized as individuals who tend to take responsibility for their life's events. For young people from lower classes (as the subjects of this research), the project of autonomy and social mobility is realized by the constitution of his own family and the ability to sustain it

A constituição da identidade em crianças vítimas de abuso sexual

Subject s identity is constituted in the relation with the other, which is characterized by dialeticity, and is configured as an identification and/or recognize movement, and strangeness and/or distance. In social interactions, people with whom subject relates himself assign meanings to him and, from these, the subject will ressignify, producing sense about himself. In other words, is through these interactions that subjects organizes themselves, recognize what is yours, and acquire the sense about themselves. It can be highlighted, too, the social-historic context s importance in the self-constitution process, whereas, from this, the subject produces particular forms of perception about reality charged with cultural meaning. Thus, the self-conception, the manners of thinking, of being, of relates, of take position against experiences, coming from values internalization, roles and related, are permeated by the manner witch the others relates themselves with the subject. However, when the relation with the other happens to be in a violent way, like in children sexual abuse, there are implications in the subjects constitution, whereas violates his physical and psychological integrities, as well as the rights of dignity, respect and even healthy physical, psychological and sexual developments. Therefore, this work aims to investigate how the identity process is constituted in children victims of sexual abuse. As specific aims the research proposes: 1) to characterize the relations between child and abuser, before and after the abuse act; 2) to identify images that the subjects, abuse victims, have about themselves and; 3) to identify the features of subject s relation with their own body. Toward this aims, procedures involving drawings, painting, collage, photography, activities with cardboard, colored pens, glue and tissue snips. The research took place at the Social Assistance Specialized Reference Center, where there is the treatment of children who suffered of rights violation, which includes sexual abuse. The research subjects were 3 girl children, between 6 and 10 years old, victims of sexual abuse. The corpus analyses was done through Thematic Content Analysis, structured in three meaning nucleus: 1) self-reference without the explicit attendance of other s discourse; 2) self-reference with the explicit attendance of other s discourse; 3) The other abuser. The analysis indicates that children, research subjects, have deteriorated images about themselves, about their bodies, which is consistent with the studies in the children and adolescents sexual violence field. In the other hand, were identified, too, self-references with positive values in the cases with mention about their way-of-being, which can be read as important to subject s development. About the other s discourse towards the subjects, were identified positive observations and found that these can contribute to subject s self-image reorganization. The contribution of negative comments, on the other hand, was showed in a more clear and incisive form in subject s constitution. There is, yet, an overvaluation of the other s discourse, so the meanings attributed toward them by the other are internalized, overshadowing the self-appreciation. To conclude, it can be highlighted that the need of psychological accompaniment of the children victims of sexual abuse, based on the possibility of this trauma experience elaboration, trying to overcome, as well as can be expected that this research s results contributes to the practices of professionals who work with subjects who have their rights violated

Desejo, estilo de vida e transgressão da identidade em Dancer from the dance de Andrew Holleran e Pela noite de Caio F.

From the research and awareness of literary work, this thesis discusses aspects related to the study of homoeroticism and lifestyles in the works Dancer from the Dance (2001) by Andrew Holleran and Pela noite (2010) by Brazilian author Caio Fernando Abreu. Whereas issues about beauty, desire and lifestyle shape cutouts important to the narrative, I propose a discussion by examining the works that mark from the first moments of sexual release party in New York with the peculiarities of their own styles that characterized the Andrew Holleran characters rostificadas by an ethos that he composed during this time opening for freedom of sexual deviant sexualities. In Pela noite, we reiterate a continuation of opening moment in Brazil for gay characters Caio , assuming the early 1980s for those characters is the first " shadows " of AIDS and knowledge of self , in which his characters living with fear, anonymity and reminiscences of homophobia as a backdrop to the discussions that are triggered off by the author . To compose a theoretical framework to subsidize this work , we selected the works of Michel Foucault (2007 , 2010a , 2010b ) , Eve Kosofsky Sedgwick (2008 ) , Didier Eribon (2008 ) , David Cartier (2004 ) , David Eisenbach (2006 ) and other contributions that were undoubtedly essential to this endeavor

Viver e esperar viver: corpo e identidade na transição de gênero de homens trans

This work seeks to understand how trans men build their identities and live the transsexual experience in the relationships they establish daily onto “man” category. It could be observed that for it they engenders a specific gender transition in the midst of male transsexuality. Despite being under a complex amalgam of relations of exploitation and disciplinary domination, ways of being man are brokered for a living and entry into spaces where they are expelled for not conform the bodies that gender norms require. It is understood that gender transition is a process at the same time of organic and prosthetic body management and the assumption of your own identity. Thus, they build a politic of identity that creatively fixes a person's category as rights holder. The "transition" is therefore to transact from nonexistence to a place of humanity. This dissertation describes how this process takes place in the experiences of the speakers, observing the practices that bring out the male, front of class positions on the labor market, access to health, hormonization and own identity. Thereby, theories that fix them as expressing female masculinities or marginal to the hegemony do not find exactitude in their lives. The research methodologically started performing "multilocated ethnographies" that gave possibilities to in-depth interviews with 15 stakeholders from the Northeast, Midwest, Southeast and South of Brazil. Between 2014 and 2015, from the applying of network technique to the first dialogues in research, it was possible to build a participant observation by the trans men’s everyday life. Wherewith I was capable to behold their own private activities, as well as their public agency amid a trans activism collective in northeast, and the follow-up actions in which they were involved during the XII Encontro Nacional em Universidades de Diversidade Sexual e de Gênero (ENUDSG) held in Mossoró/RN. Therefore, the thesis engages to describe and understand the different ways of constructing trans male gender transitions in access to transsexuality and therefore a way of explaining their own trajectories in terms of people that exist as such, even though in the midst of narratives marked by emotions linked to "not live", to suffering and dehumanization.