Perspectivas constitucionais para os direitos sexuais: uma abordagem democrática e integrada entre liberdade e igualdade

Abstract

With the advent of the modern subject and the configuration of his subjectivity, sexual identities and practices begin to be seen as elements intimately connected to the personal search of each individual for a meaning of life. In this scenario, sexual rights, whose purpose is to regulate demands arising from the expression of sexuality, come to appear at the core of legal and political disputes. This dissertation aims to affirm sexual rights in Brazil in a critical way, recognizing that this concept is not capable of providing, a priori and by itself, an answer to all the legal challenges that involve human sexuality. Based on the premise that choices will be progressively more autonomous as circumstances of equal access to material, symbolic and political goods can be achieved, this dissertation aims to develop a legal framework that makes possible to think about equality and freedom throught an integrated perspective. As a solution to the complexities involving freedom and equality in the treatment of sexual rights, this work proposes the adoption of a framework that encompasses the mutual permeation between freedom and equality in order to read equality in the light of freedom and vice versa. To this integrated approach between freedom and equality, it adds a political-democratic dimension in order to establish the way in which a particular sexual right will be exercised.