Gender (cis) normativity and the Brazilian judiciary: a socio-legal analysis of cases of transphobic violence in public
bathrooms.
Judicial(cis)patriarchy;Transnecropolitics;Trans Bathrooms;Lethal transphobic violence;Trans feminisms.
This research aims to address the transphobic violence mobilized by the (cis)patriarchy, based on the analysis of judicial and political disputes over the right to use bathrooms by transgender people in Brazil. Initially, we produced a theoretical analysis of violence in gender-segregated bathrooms, based on feminist criminology and from the perspective of intersectionality, to qualify gender (cis)normativity and transphobic violence in the country. Next, we analyzed the narratives of legal proceedings from different states in Brazil, and their respective requests for judicial redress for anti-trans violence and discrimination committed in public bathrooms. At this point, we problematize the myth of the “bathroom predator” and reflect on the right of transgender people and people with disabilities to travel in public spaces. In a third moment, I analyze the records of Extraordinary Appeal No. 845.779/SC, the “RE dos Banheiros Trans”, pending judgment since 2015 at the STF. In this part, we analyze the ministers' judicial speeches and problematize the lack of representation of women, black people, indigenous people and LGBTQIAPN+ in the Brazilian judiciary and the constitutional court. Finally, we argue that the Brazilian judiciary is guided by the denial of the humanity of trans people, through a stigmatizing discourse, the non-recognition of transphobic violence in bathrooms and the delay in carrying out the aforementioned trial within life time. The research is theoretical and qualitative socio-legal, and used literature review, case study and documentary analysis as research instruments.