Do avanço à resistência: laicidade, conservadorismo e direitos LGBT+ no Brasil (2016-2023)

Abstract

This work analyzes the relationship between the secularism of the Brazilian state and the religiosity present in the behavior of members of the Legislative and Judicial branches when guaranteeing and enforcing the rights of the LGBT+ community. From a perspective that views law through a Marxist approach, this study aimed, through qualitative research in the repositories of the Chamber of Deputies, Federal Supreme Court, and State Courts, to identify bills and decisions rendered between 2016 and 2023 related to the consolidation and implementation of LGBT+ rights. This is particularly important given the advancement of conservative movements that seek, through the National Congress, to roll back already achieved rights. Through a literature review, a critical reflection was developed, presenting elements regarding an ideological construction that still dominates the relationships between sexuality and gender, affecting how demands brought to the Legislative and Judicial branches are treated and contributing to a pendulum movement within the justice system. The results indicated that, while the demands of the Brazilian LGBT+ movements progress, the opposing movement promoted by the growing neoconservative movement may hinder the enforcement of rights through confessional practices in the legislative, judicial, and legal realms. This directly affects processes of human emancipation and serves to maintain the status quo, resulting in a pendulum movement of law created between the interests of the "good citizen" and the LGBT+ community.