Perspectivas Queer e Descoloniais na Proteção de Indivíduos de Sexualidade e Gênero Divergentes: Uma Análise Crítica das Cortes Interamericana e Europeia de Direitos Humanos.

Abstract

The present dissertation aims to conduct an analysis of the application of Queer Theory in the Inter-American and European Courts of Human Rights, as well as whether this can be considered a decolonial tool of International Human Rights Law. In this regard, it initially examines the basis of Queer Theory and how it could be effectively applied in legal sciences. Subsequently, documents from both of the studied Courts that touch on the issues of the rights of individuals with divergent sexualities and genders are analyzed to investigate the similarities, differences, and the level of protection of this vulnerable group in both Regional Courts. This study between the courts starts with a preliminary general perspective, followed by a more in-depth analysis of some of the judgments, with a time frame focusing on the last 10 years of judgments to approach the current conceptions of the courts as closely as possible. Finally, the study culminates in an analysis through a decolonial theoretical lens of the issues addressed in both regional protection systems, to determine whether either of the systems indeed uses such a theory to uphold the rights of the LGBTI community, and if so, whether such usage can genuinely be considered decolonial. To achieve this, a hypothetical-deductive approach was used as the method. In terms of objectives analysis, the descriptive, analytical, and explanatory models were applied. Regarding the procedure, qualitative techniques of literature and document review were utilized.