Acesso ao casamento no Brasil: uma questão de cidadania sexual

Conjugalidade, parentalidade, regulação da cidadania e direitos humanos de lésbicas, gays e transgêneros no Brasil

“…Segundo Lorea (2006), a possibilidade de casamento entre homossexuais não depende de uma nova legislação reguladora, pois a Constituição Federal de 1988 veda qualquer modalidade de discriminação, devendo ser asseguradas a gays e lésbicas as mesmas prerrogativas legais garantidas aos demais cidadãos. O fato é que o acesso ao casamento não poderia estar condicionado a pessoas que pertençam a determinada orientação sexual.…”

Families, Gender Relations and Social Change in Brazil: Practices, Discourse, Policy

“…Although this particular case was solved through an agreement between the two parties involved in the dispute, more and more cases of this sort are being won at the local level. Researchers and specialists point to the advances made in legislation at the state level in Rio Grande do Sul, pioneering state in terms of gay and lesbian rights (Lorea 2006). Mello (2005) commented that ''[…] the conflict between a secular and a religious worldview constitutes the core of conflicts around the recognition of homosexual conjugality.''…”

“…(p. 219) Yet this dispute, we should again assert, touches on the very conception of family that is at stake and in this regard mobilizes many different symbolic and political elements, to which religious orientations contribute but which they certainly do not exhaust. Lorea (2006) categorically asserted that there is actually no need to create a legal mechanism for marriage between same-sex partners, since the Federal Constitution (1988) clearly states that any form of discrimination is anti-constitutional. Sexual citizenship presupposes the right to sexual freedom, and the State does not have the right to intervene in prescribing or sanctioning in this terrain.…”

A criminalização da “ideologia de gênero”: uma análise do debate sobre diversidade sexual na Câmara dos Deputados em 2015

“…One of the aspects of this historical development took place in ancient Rome, when the concept of the persona civil, the rights-bearing citizen, gains the moral meaning of the conscious, independent, autonomous, free, and responsible being. For this reason, the category of person is also related to the problem of individual rights, a point that repeatedly appears in demands with regards to sexual diversity: Protection against homophobia, guaranties of marriage rights, the right to constitute families, and inheritance rights Lopes, 2009;Lorea, 2006). Among other examples of these demands, we find the debate in Congress regarding the criminalization of homophobia, the law against discrimination based on sexual orientation in public establishments in the State of Rio de Janeiro, and recognition of retirement and pension rights for same-sex couples in the State of Rio de Janeiro, as studied by Natividade and Lopes (2009).…”

“…The debate regarding these questions in public space has been associated with human rights both by conservative segments who oppose sexual diversity Vital;Lopes, 2013) and those who favor LGBT rights (Lorea, 2006) and the legalization of abortion (Machado, 2010). According to Carrara, this debate is related to ...growing identitarian specificity among political and rightsbearing subjects, or in other words, to the way in which the language of rights, and in particular that of human rights, is being activated to reconfigure the old movements of different "sexual minorities" against stigma and discrimination (2015:325).…”