Em defesa da(s) família(s): discursos sobre conjugalidades não heteronormativas no Legislativo Federal e no Judiciário brasileiros (1995-2017)

Abstract

This work aims to understand why the law oscillates and how it oscillates, through the different notions about family that permeate the legal-political field and that have generated oscillations about recognition of non-heteronormative conjugalities over the last 30 years. Therefore, we analyzed some judgments, legislative proposals and other less formal regulatory sources, that enable us to verify arguments, discursive strategies and moralities mobilized which treat about family. Although the material is presented in a chronological way, its analysis and organization - the mapping - was not due to a chronological factor, but derives from different circumstances, where it was possible to perceive that, with each new argument that arose, there was also a counter-argument, thus generating a chain, one might say, of action and reaction that result from the same game. In other words, "progressive" and "conservative" discourses and perspectives on family and sexuality are not static and constitute each other mutually. From the material, is possible to perceive that, in order for a certain judicial decision to be validated or for a parliamentary position to be sustained, we must go through different knowledges, such as socio-legal, scientific, biomedical and religious. These different discourses sometimes intersect, propagating or reinforcing a certain idea, but they are also ignored or excluded in other aspects. In all the complexity of these discourses / arguments and their connections with other issues, there are two points that in this work have been central. The first is the relation nature and culture, which seems to support discourses about sexuality and family. The second point is a question about state politics: in our analysis, there is a dispute about the notion of democracy and, with it, the relation between State and religion, which refers to a discussion about historical time (progress, regression , etc.). We will address these questions throughout the text. In addition, from a foucaultian referential, we seek to verify how the discourse serves as support for the construction of relations of power that produce practices, affections, movements, etc. That is, they produce bodies and social relations. Thus, we observe the way in which bodies and their natural / social relations are "visibilized" by the different discursive strategies.