A violação aos direitos fundamentais presente na proposta de tratamento psicoterápico para reversão de orientação sexual

Abstract

The present work makes a critical study about the violation of the Fundamental Human Rights, caused by the possibility that professionals of Psychology in Brazil apply methods of sexual reversion in their patients. For this, a conceptualization of homosexuality is presented in the foreground, and soon after, a general historical context is approached regarding the treatment granted to the homosexual individual. In sequence, a more specific scenario is presented, where homosexuality is a transformative factor for the creation of social movements in Brazil. Also described are the methods most used in sexual reversal therapies in the history of Psychology, as well as scientific debates about sexual orientation. Finally, it is the discussion raised by Laws 231/2011 and 4931/2016, and the judicial decision handed down in Popular Action No. 1011189-79.2017.4.01.3400, in contrast to the principles of the Constitution that support the Brazilian Law. Contextualizing the legal instruments in question, in that it also elucidates the legal framework and Fundamental Rights that guarantee the free exercise of any sexual orientation.