The legal subjectivity of the criminalization of lgbtqia+phobia and the constituent barbary in identity judicialization in Brazil

Abstract

The scope of this article is to analyze, from the perspective of what I call the Quilombist Theory of the State and the Constitution from Abdias do Nascimento, the decision of the Federal Supreme Court in the direct action of unconstitutionality by omission n. homolesbotransphobia as a crime of racism until the National Congress does not legislate on the matter. Therefore, we will go through authors of racial criticisms of law, seeking to intersect the analysis with the queer criticism of the judicialization of identity in the country. The hypothesis that arises is that the Brazilian constitutional jurisdiction has been instrumentalizing claims for LGBTQIA+ rights as a democratic veneer while neglecting the massive incarceration of the black population in the country, which also afflicts racialized LGBTQIA+ people. In this vein, it is suspected that, in an exercise of judicial pinkwashing, the Brazilian State hides its own racism and queerphobia through the appropriation of fair agendas, thus instigating the emergence of a Theory of the State and the Constitution that is radically committed with the commitment to equality inaugurated in 1988.

Keywords: Pinkwashing; Neoliberalism; Identities; Queerphobia.