AUTODETERMINAÇÃO E DIGNIDADE HUMANA: O direito ao diálogo das pessoas LGBTQIAP+ em privação de liberdade no Presídio de São Luís II

Abstract

This work aims to analyze the level of implementation of what we call the “right to dialogue” that LGBTQIAP+ people deprived of liberty have in decisions about their place of detention. In achieving this objective, we mediated our research with the idealist theoretical framework of Immanuel Kant (1724-1804) and with the criticism made of it by materialist authors such as Nancy Fraser (1947-) and Axel Honneth (1949-). Regarding methodological aspects, this research presents itself as an experiment in structuring what turns out to be a misguided epistemology, carried out in the work based on the preference for works by LGBTQIAP+ people that deal with the topics covered and by adopting the speech of LGBTQIAP+ people in deprivation of freedom as the main empirical data. The chosen approach method was dialectical; as procedural methods, the monographic, critical socio-legal and legal propositional methods were adopted; and, as research techniques, a predominantly qualitative research was carried out, with bibliographic research, direct and indirect documentary research and field research, carried out through interviews with employees of the Psychosocial Assistance Supervision of SEAP/MA and with a group of 08 (eight) LGBTQIAP+ people deprived of liberty in the São Luís II Prison. As a result, we dive into the theoretical clashes that involve the concepts of human autonomy and dignity, essential for the effectiveness of sexual and trans-identity rights and, consequently, indispensable for thinking about citizenship for LGBTQIAP+ people. Then, we turn our efforts to the current problematizations surrounding the policy of welcoming LGBTQIAP+ people in deprivation of liberty, and, more specifically, to the identification of what the “right to dialogue” is in this policy and the normative framework that supports it. Finally, data from interviews carried out with LGBTQIAP+ people deprived of liberty in the São Luís II Prison and the analysis carried out are presented, revealing the reality experienced by these people when they are served by the Institutions of the Maranhão Penitentiary System. By way of conclusion, the work strives to propose updating the content of the current state protocol for the care of LGBTQIAP+ people in deprivation of liberty, which takes into account the demands collected in the interviews carried out and the conclusions about the regulatory discrepancies of the current standards that support this policy.