Entre o direito e a liberdade: os desafios do reconhecimento dos direitos humanos das pessoas LGBTQIAPN+ no Brasil

Abstract

We understand that the rights of the LGBTQIAPN+ community aim to ensure respect for fundamental rights such as equality, justice, and freedom through the recognition of human dignity. This understanding results from studies and a long historical process in which different gender identities, expressions, and affective relationships within this community were criminalized. In this sense, in a society structured in a binary manner, heteronormativity emerges as a normative standard. Thus, people whose bodies challenge these norms become exposed to various forms of violence, resulting in violations of their fundamental rights. This research aims to understand the challenges involved in recognizing the human rights of LGBTQIAPN+ people in Brazil. It is a qualitative study characterized as bibliographical and documentary. The research adopts a comprehensive–interpretative analysis for the treatment of collected data, grounded in theoretical assumptions from gender studies and situated within the field of human rights. The research presents two thematic units: (i) Human Rights, Sexual and Gender Diversity: necessary dialogues; and (ii) Human Rights: advances, setbacks, and persistent violence against LGBTQIAPN+ people. Through these units, the study establishes a dialogue between the concepts of sexual diversity, gender, and human rights, understood not as isolated categories but as intertwined dimensions in the struggle for social justice and full citizenship. This approach makes it possible to understand how the historical trajectory of human rights has been shaped by power disputes and systematic exclusions that have directly affected the lives of LGBTQIAPN+ people. As a result, LGBTQIAPN+ bodies are exposed to multiple forms of violence that impact their lived experiences, their freedom of expression and affection, and, consequently, the full guarantee of their human rights. The study concludes that the consolidation of human rights for the LGBTQIAPN+ population in Brazil is permeated by tensions between normative advances and social and institutional practices that continue to deny fundamental rights. Therefore, it is essential to emphasize the importance of deconstructing heteronormative and binary gender regimes to expand plural citizenship and ensure public policies that engage with diversity and specific social contexts.