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LGBTQIA+ rights in Brazilian law: legal and political dynamics

Abstract

This paper deals with the LGBTQIA+ rights in Brazilian Law, through a qualitative analysis of its development trends. It posits two moments: (a) from 1990 to 2015, a progressive affirmation under assimilationist tension and (b) from 2015 to the present day, a expanded recognition under neoconservative attacks. The first period, of progressive legal affirmation of sexual rights, although permeated by assimilationist tendencies, is correlated with the redemocratization and consolidation of the New Republic, whereas the second one looks at the expanded legal recognition of sexual rights, under neoconservative attack from the extreme right. Considering especially the mismatch that marks the second moment, it indicates current and future challenges and concerns for democracy and the recognition of rights in Brazil.

Keywords:
democracy; recognition of LGBTQIA+ rights; assimilationism; neoconservatism

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