Transphobia and heteronormativity in a “Brazilian-style” prison policy

Abstract

This article deals with transphobia in Brazilian prison policy, in the light of the Garantism Theory applied to the Penal Execution Law (LEP). In this regard, it is problematized the importance of a genuinely guaranteeing hermeneutic understanding of the LEP to combat transphobia in Brazilian prison policy. The general objective is to propose a revision of the Brazilian prison policy, enshrined in the aforementioned diploma, through legislative amendment, so that gender identity can be contemplated as a factor of positive discrimination in the prison environment. In order to achieve this aim, the aim is to: analyze the particularities of Brazilian prison policy; studying how prejudice influences from outside to inside prison; and investigate how the Theory of Criminal Garantism can be applied to the Execution Law in favor of sexual diversity within prison. Dialectical research was adopted in approaching the theme and, in conducting the work, the descriptive method, with data collection and bibliographical review, using books, articles, among other works on the theme, as well as the national legislation, and can be classified as qualitative-quantitative. It is concluded that prejudice and discrimination begin outside prison and this reality negatively influences Brazilian prison policy and causes disrespect for rights that can be solved through a change of mindset on the part of the population and of the State’s action through public policies and its legislative activity with the reform of articles in the LEP and also in its jurisdictional activity guaranteeing rights.