Criminologia transviada: controle social de dissidentes sexuais e desobedientes de gênero no Brasil

Abstract

The present research evokes the importance of a transdisciplinary opening of critical criminology to, in the integration of critical studies on gender and sexuality, understand the particularities of social control of sexual dissidents and gender disobedients in Brazil. To this end, qualitative analysis was carried out on (i) bibliographic research related to theoretical frameworks; and (ii) Brazilian criminal legislation and criminological discourses that facilitated the intensification of control over this population. Initially, discourses were presented that, in the course of demands for capital order, supported the ontologization of the concepts of crime, sex, gender, and sexuality. It was found that throughout our history, the social control of deviant individuals in Brazil was determined, through a colonial logic, by discourses from the Global North. From Christian morality to positivism, passing through modern cataloging, theories were used against our people in a systematic exercise of punitive power. Thus, we confirm the hypothesis that there was a cis-heteronormative colonial construction that was decisive for the development of a homotransphobic culture in our lands. Finally, rejecting the utility of punitive responses against homotransphobia – which reinforce the racist character of our penal system –, we propose the development of a critical queer perspective in Brazilian criminology that can be instrumentalized to save lives in our region.