O direito à intimidade: Discursos, sexualidades e masculinidade no Centro Socioeducativo de Governador Valadares/MG

Abstract

The object of this study is the right to privacy and the other rights it encompasses, inserted in the debate on the Juvenile Justice System, specifically in the context of the Socio-Educational Center (CSE), in Governador Valadares/MG, with the aim of analyzing the factual reality, with regard to these rights, in the face of the legal-institutional body, which linked to the research problem emerges with the aim of investigating how the institution deals with this. To this end, the research methodology initially included a bibliographical review focused on the national and international legal systems, through the teleological-axiological interpretation of the laws, in order to understand and locate how the debates on these rights are placed on both levels, because, at a second stage, due to the qualitative approach aimed at interpreting the phenomena and their interactions in the institutional routine, empirical research was carried out, anchored in multi-method field research: the semi-structured interview (with adults), and the technique inspired by the focus group (aimed at young people), as well as the field diary, with records made during visits to the institution. In this sense, it drew on contributions from the Sociology of Deviance, Sexuality Theory and Queer Theory, to analyze how the legal-normative discourse operates, which together with the institutional routine and the practices of the professionals, undermine the right to intimacy and other intertwined rights. In this way, it was discovered that the right to intimacy linked to privacy is read by the CSE as primary, while other rights, such as sexual self-determination, sexuality and its exercise, as well as the right to intimate visits, are read as secondary, alongside the protective and prohibitive discourses. Therefore, by bringing the queer lens to the debate, we are seeking to bring a new epistemological influx to the Law, including in the understanding of the bodies themselves, subjects of rights and those seen as deviant and abject, since, although human dignity, freedom and equality are recognized as underpinnings of the Democratic Rule of Law, very little is done to guarantee the rights of young people in CSE in the context of foster care.