"As actors in the trial system, we cannot be instruments for ratifying inequalities, because these inequalities generate deep pain and suffering in people."
Judge Renata do Nascimento e Silva opened the panel on "Approaching the Trial Protocol from a Gender Perspective", of which she was the mediator, on Wednesday morning (October 18th), during the program of the 1st Week of Dialogues on Equality and Diversity, which runs until Friday (October 20th), at the Superior School of the Judges of the State of Tocantins (Esmat).
On the occasion, the magistrate emphasized that the Protocol for Judgments with a Gender Perspective is the fruit of a maturing of the Judiciary.
"It is no longer possible for us to go back on the understanding that the law is not neutral and is directed to favor certain groups," he said.
"The mere fact that the protocol exists and that it was issued by the National Council of Justice, which is our highest control body, brings us a symbolic charge and a great deal of representativeness," she added, pointing out that it is the CNJ recognizing that "sexism, racism, patriarchy and LGBTphobia influence the production of law and interpretation" so that they can somehow neutralize vulnerabilities.
And to talk about the Protocol for Judgment with a Gender Perspective, the panel discussed three themes: "LGBTphobia as a structural phenomenon", "Recognition as a process of building visibility and Justice in quilombola communities in the State of Tocantins" and "Rights to be proud of - achievements of the LGBTQIAPN+ people/LGBTphobia as a Necropolitics of the Brazilian State".
LGBTphobia as a structural phenomenon
In the first lecture, Elder Maia Goltzman, a professor and employee of the Regional Electoral Court of the State of Pará (TRE-PA), discussed the topic of "LGBTphobia as a structural phenomenon" by looking at news clippings published in the press.
"When I say structural phenomenon, what I mean is that it's not an action that we can see in isolated actions. We need to analyze the collective structure," said the speaker, stressing that although we understand how these structures operate, we cannot admit LGBTphobia.
When talking about the subject, based on authors, he explained that LGBTphobia is the feeling, conviction or attitude directed against lesbian, gay, bisexual, trans and transvestite people that inferiorizes, harasses, discriminates against or violates groups because of their sexuality or gender identity.
Building visibility
Judge Jean Fernandes Barbosa de Castro, of the Court of Justice of the State of Tocantins (TJTO), spoke about recognition as a process of building visibility and justice in quilombola communities in the State, the subject of his doctoral thesis.
At the start of the lecture, the magistrate explained that racism is exposed in the issue of recognizing black people, mentioning the book "Black skin, white masks", by Frantz Fanon, which demonstrates the challenge that non-white people face in their personal and institutional relationships and, above all, in achieving recognition of rights.
For the judge, the issue of racism must be brought into discussions within the Judiciary and the Protocol for Judgments with a Gender Perspective, "so that any judgment is carried out in a homogenized manner".
Talking about his research, the speaker recalled that quilombola invisibility is present due to the lack of recognition of certain rights and discriminatory treatment.
Invisibilidade quilombola
"This construction of the Quilombola identity can be observed very well from some cultural experiences," he said, emphasizing that when these communities practice certain social festivities and see each other, it is possible to detect elements that characterize the diversity represented in this culture. "Culture and identity are elements that enhance the issue of recognition."
As a proposal to reverse invisibility, including in judgments involving quilombolas in lawsuits, the Judge cited a new way of looking at relationships, seeking to identify social events, valuing culture and religious traditions, for example.
LGBTQIAPN+ conquest and LGBphobia as necropolitics
Closing the programming of the second day of the 1st Week of Dialogues on Equality and Diversity, lawyer Landri Alves Carvalho Neto, president of the Sexual Diversity Commission of the BAR/TO and IBDFAM-TO, gave a lecture on "Rights to be proud of - achievements of the LGBTQIAPN+ people/LGBTphobia as a Necropolitics of the Brazilian State".
Presenting a timeline, the lawyer outlined the LGBTI+ achievements in Brazil over the period from 1990 to 2020, including the use of the social name in the public health system, the recognition of stable unions between people of the same sex, the legalization of same-sex marriage in Brazil, and the application of the Maria da Penha Law to situations of domestic and family violence suffered by transsexuals, women and transvestites. According to the speaker, all these achievements were brought about by the judiciary.
The lawyer also presented evidence of the LGBTphobia as a form of necropolitics and used concepts from philosopher Michel Foucault to explain necropolitics, which is linked to the terms biopower and biopolitics. "Power is domination, I have power, so I dominate."
During the lecture, we also discussed ways of combating the necropolitics of extermination and discouragement of the LGBTIAPN+ community, when the speaker mentioned personalities who support the cause and activism.
Programming
On the 19th and 20th, the event, promoted by the Judiciary of the State of Tocantins, will take place in distance learning mode. The topics covered will be "Knowledge and legal practice of the protocol for judgments with a gender perspective in the fight against violence against women" and "Introduction to the protocol for judgments with a gender perspective in the Brazilian justice from the point of view of the National Council of Justice (CNJ)".
Activity 2 (October 19th): register clicking here.
Activity 3 (October 20th): register clicking here.
For more information on the detailed schedule of each activity and speakers, click here.
