O sexo e o Direito.: A lógica binária dos gêneros e a matriz heterossexual da Lei.
The binary logic of sex, although not very explicit, is shown to support the legal system regarding the rights of persons and the family. From birth, the individual is classified as female or male, a condition that will follow him/her through the rest of his/her legal life. Intersex and transgender...
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| Main Author: | |
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| Format: | Article |
| Language: | Portuguese |
| Published: |
Universidade FUMEC, Faculdade de Ciências Humanas, Sociais e da Saúde
2010
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| Subjects: | |
| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=4056871 |
| Source: | Meritum, ISSN 2238-6939, Vol. 5, Nº. 2, 2010, pags. 289-321 |
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| Summary: |
The binary logic of sex, although not very explicit,
is shown to support the legal system regarding the rights of
persons and the family. From birth, the individual is classified
as female or male, a condition that will follow him/her through
the rest of his/her legal life. Intersex and transgender cases
show the violence of these mandatory assignments and show
the difficulties they have in finding a term that addresses the
subjective gender and law. Based on a study of French civil
law, this article critically reviews gender assignment and the
heterosexual matrix in the law to propose an end of the category
�sex� on birth certificates. According to the author, sex, along
with race, class, or profession, does not work as a defining
element of the subject of law. |
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