O Supremo Tribunal Federal entre a cisheteronormatividade e os pânicos morais no julgamento da ADI nº 4277

Abstract

Brazilian institutional policy signals the constitution of a National Congress with a more conservative profile since the country's redemocratization. It is not by chance, therefore, that a state of parliamentary omission on LGBT rights is deepening in Brazil. In this context, the Judiciary has become an escape route in the struggle for recognition, but with limitations in the legal field to deal with the grammar of sexual and gender diversity. Given this, would the judicial route be just an alternative to the harmful effects of a moral/sexual policy, or would it have a role in legitimizing the state's normalizing power over sexuality? The present work intends to contribute to this reflection, taking as an object of investigation the judicial narrative produced in the Direct Action of Unconstitutionality (ADI) nº 4.277, in the Federal Supreme Court. For this, it uses the concepts of cisheteronormativity and moral panics. In this sense, it aims to carry out a discursive analysis of the Minister Rapporteur vote of ADI nº 4.277, highlighting how he uses the term gender and suggestions for measures of legal regulation of the family, based on the fictitious bourgeois/nuclear model, associating homosexual relations with a legitimate purpose: family formation by privileged groups of gays and lesbians who comply with hegemonic standards of behavior.