GENDER, DESIRE, SEXUALITY AND THE (DIS)CONSTRUCTION OF LAW

Abstract

Different from traditional societies, that have made interpersonal relationships a conventional field, contemporary societies have made sexuality, affections and desire true recognition loci for subjects, indispensable - more than ever before - to the process of subjectivation of being. In this context, it is not surprising that walking towards the realization of human rights invariably crosses bodies and sexualities. Critical-reflexive review of the themes and the use of hermeneutic phenomenology, are analyzed jurisprudence representative of the highest national or international jurisdictional courts, and at the heart of which issues of gender and sexuality. All this in order to establish some parameters that show how the Law has been facing, incorporating and narrating these new themes, in order to understand if the positions adopted by the courts eventually signal - for better or for worse - a paradigm shift in terms of gender justice and sexuality.