Aplicação da lei Maria da penha para os sujeitos LGBTI: performatividade e entidade familiar.

Abstract

The objective of this study is to analyze the implementation of the Maria da Penha Law in the family context of LGBTI individuals, from the philosopher Judith Butler presupposition of performativity’s, and also at the family unit context of lawyer Maria Berenice Dias, based on her theory of “unbiologyzation”. Therefore, at first moment, the individuals of sexual diversity (Lesbians, Gays, Bisexuals, Transvestites, Transgenders, Transsexuals and Intersexes) will be constructed and deconstructed discursively, after, is approached the issue about universalization of family unit for all individuals, regardless of sex, gender, gender identity and/or sexual orientation. After this bibliographic stage, this work will be taken to the public environment, accurately in the public environment built in and for the police station language specialized in domestic violence in the city of Sousa/Paraíba State. From bibliographic analysis and discourse, is observed that the Maria da Penha Law has application limited to a context of gender roles. What is defended in this research is the protection of any human being who is subjected to violence, objectified by this Law, through the defense of the both theories above mentioned. It was also observed that, under the court, the application is wider due to less bureaucracy contained in the individual interpretation of the Judge