Monographs
A Orientação Sexual na Constituinte de 1987-88: constituição performativa de sujeitos LGBTI+ na Constituição da nação brasileira
Sexual Orientation in the 1987-88 Constituent Assembly: The performative constitution of LGBTI+ subjects in the Constitution of the Brazilian nation
Review
Thiago Coacci, ‘Uma longa batalha: Livro resgata a participação do movimento LGBTQIA+ brasileiro para incluir direitos na Constituição,’ Revista Quatro Cinco Um, Ediçao 74, 26 de setembro de 2023. <https://quatrocincoum.com.br/resenhas/livros-e-livres/uma-longa-batalha/>
Blurb and Praise
‘”How do subjects of rights assert themselves? How is it decided who will be named and who requires no naming? What does this imply in terms of the exercise of citizenship? In this book — the fruit of exemplary research conducted for a master’s degree — Rafael Carrano Lelis works through questions such as these, pursuing and interrogating the discursive production surrounding the inclusion of a prohibition on discrimination based on sexual orientation during the proceedings of the National Constituent Assembly, between 1987 and 1988. Situated between an analysis of the power effects of legal discursivities and a valuable contribution to the historiography of the LGBTI+ movement in Brazil, the book approaches the National Constituent Assembly (NCA) as one of the first spaces of collective claim-making by what we today conventionally name the LGBTI+ population. It is argued that the debates that took place at the time — even though they did not secure inclusion in the constitutional text — created the possibility of naming the right to non-discrimination in the public sphere, and symbolically inaugurated the intersection between what was then called the Brazilian Homosexual Movement and the law. […] The sharp investigation we encounter in this work proposes a reading of the constituent process as a kind of founding act of the Brazilian state, one also grounded in tolerance for discrimination based on sexual orientation and gender identity. It demonstrates that more than 30 years on, that type of discourse continues to perpetuate forms of violence and rights violations that are likewise mobilized by the current national political landscape. In doing so, it brings to the foreground the ways in which controversies around gender and sexuality play a central role in disputes over the meaning and consolidation of democracy. From investigating words and meanings — insisting rigorously on the political dimension of discursive production — the commitment and reflective depth that result when rigorous research joins forces with a transformative political perspective becomes unmistakably clear.”— Silvia Aguião, PhD in Social Sciences from the University of Campinas, project coordinator at AFRO-CEBRAP, and Associate Coordinator of the Território-Água Lab/UEMA
“Beyond masterfully engaging with the complexity surrounding minority struggles and the limits of identity-based resources — which are often the only ones available in a given context — reading the work ‘Sexual Orientation in the Constituent Assembly of 1987–88: the performative constitution of LGBTI+ subjects in the Constitution of the Brazilian nation’ is essential for an adequate understanding of everything that is required to sustain a single fundamental right, or everything that impedes the emergence of new rights, and how we can commit to their expansion, considering what activist movements have faced and still must face. Rafael Lelis’s text is, without doubt, generous toward the history of activism, while at the same time inspiring all those who wish to commit to fundamental rights through constant vigilance and safeguarding of those rights, as well as through the perpetual search for openings so that opportunities for the expansion of fundamental rights are not lost.” — Adriana Vidal de Oliveira, Professor of Constitutional Law, Pontifical Catholic University of Rio de Janeiro
Em Busca das Cores Latino-Americanas: uma análise da proteção constitucional dos direitos LGBTIs na América Latina
In Search of Latin American Colors: an analysis of the constitutional protection of LGBTI rights in Latin America
Blurb and Praise
“The author’s proposal in this work is central to all those who research the rights of the LGBTI population in Brazil, as well as the landscape of discriminati…”The author’s proposal in this work is central to all those who research the rights of the LGBTI population in Brazil, as well as the landscape of discrimination that this minority faces. The comparative law study with other Latin American countries and Mexico — a study that does not limit itself to comparing constitutional texts but goes further, by bringing in the perceptions of LGBTI NGO actors regarding normative omissions and deficiencies — provides an illuminating picture of advances and setbacks, similarities and differences between us and our Latin American neighbors. […] The book is, therefore, a unique opportunity for the application of current legal theory to LGBTI issues, but, more than that, for in-depth analysis of constitutional texts and of the social movements of the region. The data and analyses undertaken here surpass the majority of works in Law that engage with this subject matter, and constitute, as such, an indispensable source for anyone wishing to research the topic. As can be seen, the work addresses central themes of the current Brazilian and Latin American constitutional debate, and its chapters are essential reading for all those dedicated to Law who seek to research problems and solutions to our current dilemmas from an emancipatory perspective.” — Alexandre Melo Franco de Moraes Bahia, Associate Professor of Constitutional Law, Federal University of Minas Gerais
“The book without a doubt offers a valuable contribution to those who set out to map the state of LGBTI legal protection in Latin America. I return here to the assessment made by the examining committee of the original thesis — a committee that unanimously highlighted the originality of the empirical research presented in the work, its methodological rigor, its bibliographic breadth, the relevance of the primary data collected, and the care taken in its treatment. Through this book, readers will find carefully gathered and analyzed data on how Latin American Constitutions protect (or remain silent on) LGBTI rights, and on the perceptions of social movements regarding the (in)sufficiency of that protection. […] In producing this groundbreaking research on the state of LGBTI legal protection in Latin America, Rafael Lelis not only provides us with ammunition to understand cis-heterosexual privilege, and to advocate for greater justice for the LGBTI community, but also takes a political stance, tells his own beautiful story within the research, and becomes a lucid witness to himself. The importance of the book lies in all of these things together. Reading it is worthwhile, above all, as a signal toward new and better paths for research and intellectual life — less hegemonic paths.” — Joana de Souza Machado, Associate Professor of Constitutional Law, Federal University of Juiz de Fora
Edited Collections
Pensando o direito e as relações internacionais
Thinking Law and International Relations (Edited with Adriana Andrade Ruas, Alexandre Walmott Borges, and Rodrigo Luiz Zanethi)
Blurb
Thinking Law and International Relations brings together original academic research exploring how international legal frameworks respond to the pressing challenges of our time. The chapters examine a wide range of issues — from human rights protections in the aftermath of the COVID-19 pandemic and the legal dimensions of the Russia-Ukraine conflict, to immigration law, counterterrorism, and the workings of international criminal tribunals such as the ICC and the Rwanda Tribunal. Running through the collection is a shared concern with the effectiveness and legitimacy of international institutions: whether Mercosur’s parliament can deliver genuine democratic representation, whether the principle of complementarity in the Rome Statute serves its intended purpose, and whether multilevel dialogue can meaningfully address human rights violations across Latin America. Together, the chapters make the case that understanding law today requires looking beyond national borders — and taking seriously the tensions, gaps, and possibilities that emerge when domestic legal orders meet the demands of a globalized world.
Diálogos LGBTI+: avançando lutas e conjugando campos
LGBTI+ Dialogues: Advancing Struggles and Bridging Fields (Edited with Marcos Felipe Lopes de Almeida)
Blurb
This volume brings together works from a range of fields that converge in the study of the needs and complexities of the LGBTI+ population. With a degree of linearity, the chapters unfold along common threads from beginning to end. The first two chapters are linked by their focus on discursive constructions around gender and sexuality, tracing and characterizing LGBTI+ (in)existences, with particular attention to the educational context. The first chapter examines the role and interrelation of religion and sexuality in teacher training, while the following text highlights the presence of heteronormative and LGBTphobic discourses in the processes of educational policymaking. The third chapter takes up a debate still underexplored in Brazilian scholarship — masculinity studies — asking what contributions this field can make to gender equality and sexual justice in Brazilian law. The subsequent chapter turns, with greater specificity, to the intersections between health and its regulations as (re)produced in the lives of LGBTI+ people, focusing on the restrictions imposed on men who have sex with men (MSM) regarding blood donation. The two chapters that follow are connected by their detailed engagement with issues concerning the lives of trans people and the free exercise of their potential: the fifth develops the question of gender identity freedom for trans individuals from a human development perspective, while the sixth interrogates the medical discourses that shaped the construction of gender and sexuality norms. Finally, the last four chapters offer different perspectives from the legal field, with investigations ranging from local realities and constitutional strategies to litigation and the recognition of LGBTI+ individuals in the international arena.
