(Des)proteção das mulheres travestis e trans na Lei do Feminicídio: identidade de gênero a partir de casos judiciais no contexto brasileiro

Abstract

This dissertation aims to provide a feminist and decolonial perspective on the topic of feminicide against transgender and trans women, analyzing the disputes surrounding the concept of "being a woman" in the application of feminicide to cases of homicide against them. The study seeks to dismantle hegemonic knowledge and understanding by employing feminist epistemology and critical feminist discourse analysis. The methodological approach is based on Queer Theory, Transfeminism, and other feminist theories that study the postmodern subject and use gender and sexuality as analytical categories. The research examines feminist theories on gender-based violence, discusses biocapitalism and its relation to the cisgender sex-gender system, examines legislative advancements and judicial decisions related to the rights of the LGBTI+ community, and the judicial recognition of trans identities and bodies. The results highlight that, concerning transgender and trans women, judicial arguments generally acknowledge their gender identity; however, they fail to deconstruct hegemonic binary parameters, resulting in injustices. Judicial discourses still rely on the biologizing idea of sex and reflect the transphobia present in cisgender individuals within the judicial system, when they should recognize the complexity of gender identities and not reinforce discriminatory stereotypes that perpetuate discrimination and violence against trans people. The research identifies gaps in the analysis of the daily experiences of transgender women and trans women in situations of prostitution and domestic violence, as well as a lack of intersectional approach in legal discourses regarding the race and ethnicity of the victims. Finally, the study draws attention to the need for more sensitivity on the part of the judiciary and the integration of a gender perspective to deconstruct binary discourses and denaturalize sex, which is crucial to combatting gender-based violence and ensuring the safety and dignity of all individuals, regardless of their gender identity, race/ethnicity.