Tensionando entre a vida e a morte: a juridificação reativa dos Direitos sexuais e reprodutivos no Brasil

Abstract

Neoconservative movements have expanded in the last decade in the Brazilian political scene; contrary to the guidelines of diversity, sexual and reproductive rights, found in the field of Law another space to dispute narratives about religious dogmas that narrow the possibilities of free gender and sexuality. In this step, the dissemination of the neoliberal logic – which restructures the State and facilitates neoconservatism to crystallize – is intertwined with it. In addition to common instrumentalization, reactive juridification is used strategically to support essentialist views of sexual and reproductive rights. The femininities that hold these rights, in turn, struggle with the exclusionary systems, encounter different difficulties depending on their social markers (sex, race, sexual orientation, etc.), which is why the questions are repeated, constituting the problem to be treated in this article. To study this problem, the inductive approach method is used; the method of procedure is monographic; and the research technique is bibliographic. As a result, it was concluded that neoconservatives undertake a certain culture of death, with their narratives that contribute to the extermination of women every day, silencing them in countless ways, mainly through institutional bias.