The insufficiency of legal treatment of human identities and the to flexibilize borders

Abstract

This article proposes to discuss the formation and legal regulation of identity(ies) from a gender perspective, analyzing how the identity issue is treated by brazilian law, in order to expose the discrepancies between reality and legal regulation. The formation and protection of identity from a gender binary perspective reinforces the delimitation of borders and highlights the precariousness of the legal vision of identity, as a reflection of the heteronormative foundation. Criticisms are offered to these identity apparent misconceptions, in order to demonstrate the urgency in situating those outside the borders as subjects of law deserving the same protection that is guaranteed to all citizens. Is used the deductive method, starting from the modern perception of identity by the law and analyzing the reflexes regarding the protection related to the gender, in an approach based on the feminist criticism of heteronormativity and the binary identity designation.

Keywords

• identidades. lógica categorial moderna. gênero. fronteiras. humanidade.