Fora do armário, além das fronteiras: a proibição de discriminação com base em orientação sexual e identidade de gênero no sistema global de direitos humanos

Abstract

This work deals with the normative development of the prohibition of discrimination on the basis of sexual orientation and gender identity in the global human rights system. It is based on the theoretical framework of Nancy Fraser's theory of postwestphalian democratic justice. The literature review is used to understand how the political and legal mechanisms which constitutes this global system work and the impact of this system on the dynamics of the emergence of international norms. The normative development is analyzed through the use of primary data collected in the United Nations official repositories, from which descriptive inferences are drawn indicating the existence of a process of consolidation of the prohibition of discrimination based on sexual orientation and gender identity. The results found indicate that the norm under consolidation has an obligatory core aimed at the decriminalization of consensual sexual relations between adults of the same sex and the enactment of domestic legislation that expressly includes sexual orientation and gender identity as prohibited grounds for discrimination. The final part of the work includes contributions on the participation of civil society in the development of the norm studied, based on semi-structured interviews and participant observation, highlighting how the process of seeking recognition had direct implications on the dynamics of representation of the LGBTI community at the international level.