Queering legal cultures in the late 20th century Brazil: redemocratization and the struggle for sexual rights

Abstract Brazil’s redemocratization process was perceived by organized groups as a strategic opportunity to demand social change. The Brazilian Homosexual Movement (MHB) played a central role in the struggle for sexual rights, becoming a key actor in the fight for sexual diversity in the country. This article examines the MHB’s contributions to legal transformation through queer cultures in the late 20th century. Drawing on an analysis of Lampião da Esquina (1978-1981), records from the National Constituent Assembly (1987-1988), and related documents, we investigate how the MHB advocated for the constitutional recognition of non-discrimination based on sexual orientation. We argue that its actions were crucial in dismantling legal stereotypes and reimagining the legal system. Ultimately, this article reflects on the increasing significance of queer legal scholarship in Brazil and its transformative potential for rethinking law in the context of structural inequalities.

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Publication Details

Journal
Revista Direito e Práxis
Published
2025-01-01
DOI
https://doi.org/10.1590/2179-8966/2025/82828
Primary Topic
African Sexualities and LGBTQ+ Issues
Type
article
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article

Queering legal cultures in the late 20th century Brazil: redemocratization and the struggle for sexual rights

Thaís Duarte Zappelini
Revista Direito e Práxis
African Sexualities and LGBTQ+ Issues
article

Queering legal cultures in the late 20th century Brazil: redemocratization and the struggle for sexual rights

Thaís Duarte Zappelini
article en

Abstract

Abstract Brazil’s redemocratization process was perceived by organized groups as a strategic opportunity to demand social change. The Brazilian Homosexual Movement (MHB) played a central role in the struggle for sexual rights, becoming a key actor in the fight for sexual diversity in the country. This article examines the MHB’s contributions to legal transformation through queer cultures in the late 20th century. Drawing on an analysis of Lampião da Esquina (1978-1981), records from the National Constituent Assembly (1987-1988), and related documents, we investigate how the MHB advocated for the constitutional recognition of non-discrimination based on sexual orientation. We argue that its actions were crucial in dismantling legal stereotypes and reimagining the legal system. Ultimately, this article reflects on the increasing significance of queer legal scholarship in Brazil and its transformative potential for rethinking law in the context of structural inequalities.

Revista Direito e PráxisVol. 16(3)
University of Illinois Urbana-Champaign (US)
Openalex Percentile: Top 64%
African Sexualities and LGBTQ+ Issues
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