Do biopoder à necropolítica: a homotransfobia como projeto de estado e a omissão legislativa como política de exclusão

Abstract

Violence against LGBTQIA+ individuals in Brazil is embedded in a broader historical context in which sexuality is regulated by the State as a tool for social control. This study analyzes the legislative omission in the criminalization of homotransphobia through the lens of biopower and necropolitics, as theorized by Michel Foucault and Achille Mbembe. It is argued that the absence of specific legislation is not merely a result of negligence but rather a state-driven social cleansing project that operates by rendering these lives invisible and precarious. Biopower establishes hierarchies of existence, determining which bodies deserve protection and which can be discarded. Necropolitics expands this phenomenon by transforming structural violence into an extermination mechanism. Additionally, the study explores the role of the Brazilian Supreme Court in the judicialization of LGBTQIA+ rights, demonstrating that judicial activism has been necessary to mitigate the failures of the democratic process in light of the intentional inertia of the Legislative Branch. Finally, it is asserted that homotransphobia in Brazil is not accidental but rather a state project perpetuated through legislative omission, institutional violence, and the normalization of the marginalization of these populations.