Sequência: Estudos Juridicos e Politicos (Jan 2019)

Theoretical perspectives of the recognition of sexual identities in face of human rights and the fraternal law

  • Charlise Paula Colet Gimenez,
  • Paulo Adroir Magalhães Martins,
  • Rosângela Angelin

DOI
https://doi.org/10.5007/2177-7055.2018v39n80p96
Journal volume & issue
Vol. 39, no. 80
pp. 96 – 122

Abstract

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Identities gain meaning in social contexts. Therefore, based on a hypothetical- deductive study, it is intended to reflect on the importance of the identity recognition of sexualities to accomplish human rights, presenting the contributions and limits of the Fraternal Right on this theme. It is noticed that the recognition of sexual identity has evolved in legal terms, but is still surrounded by prejudices and stereotypes, reflected in the promotion and exercise of these rights. The Fraternal Law contributes to reflections of realities based on premises aimed at alterity, which facilitates the recognition of non-heteronormative sexual identities, although it is needed profound cultural change.

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