ON THE WINGS OF SANKOFA: past, present, and future of transitional justice for LGBTQIA+ people from the Brazilian experience
precarious citizenship; sexual and gender dissidence; military dictatorship; lesbian, gay, bisexual, trans, queer, intersex, and asexual (LGBTQIA+) people; transitional justice.
The research examines the relationship between transitional justice and the citizenship of lesbian, gay, bisexual, trans, queer, intersex, and asexual (LGBTQIA+) individuals in Brazil. It seeks to determine whether, and in what ways, the transitional justice process has affected LGBTQIA+ citizenship, considering that the fundamental rights recognized to date are largely the result of judicial decisions, particularly those of the Federal Supreme Court. The guiding research question is: from a “bottom-up” transitional justice perspective, to what extent does the Brazilian experience allow for an understanding of transitional justice as it relates to LGBTQIA+ individuals? Drawing on Michel Foucault as a theoretical reference and on “bottom-up” transitional justice frameworks, the central hypothesis advanced is that traditional transitional justice mechanisms did not fully acknowledge as victims those individuals persecuted by the military dictatorship due to their dissident sexualities and gender identities. This omission directly hindered the democratic consolidation of fundamental rights for the LGBTQIA+ population and, consequently, resulted in a condition of “precarious citizenship.” The general objective is to understand, through the Brazilian experience, the challenges and potential of transitional justice for LGBTQIA+ people so as to contribute to overcoming subalternity and ensuring this group’s fundamental rights and freedoms. Methodologically, the study adopts a qualitative approach grounded in transdisciplinary dialogue across the fields of Law, Political Science, and History. It is applied in nature, exploratory in its objectives, and relies on bibliographic and documentary research as its primary technical procedures. The study concludes that the traditional transitional justice model implemented in Brazil—albeit in a limited and deficient manner—failed to account for the human rights violations committed against sexual and gender dissidents. This contributed to legislative orphanhood and to the precariousness of judicial decisions that have sought to guarantee rights to the LGBTQIA+ population. Nevertheless, recent developments in the field, particularly the collective political amnesty initiative and the Working Group established to investigate human rights violations against LGBTQIA+ individuals, indicate promising paths for deepening the rights achieved thus far and advancing the redress of past injustices beyond the conventional boundaries of transitional justice.