Law as a Political Technology of Gender

Abstract

Initiatives by the Brazilian Judiciary, such as the Protocols for Trials from a Racial Perspective (2024) and Gender Perspective (2021), proposed by the National Council of Justice, face not only the challenges of judicial policy for their implementation, but also a type of subjectivity disconnected from its own individual, social and political context. It is therefore necessary to revisit the legal language itself, the teaching of Law and the history of the people who work in the area, who have been subjectified with this language of neutrality and impartiality that disregards the contextual and discriminatory formation of people and Brazilian society itself. In this context, the present study, of a qualitative nature and based on a narrative bibliographic review, based on feminist post-structuralist epistemology, aims to investigate how Law contributes to the constitution of subjectivities alienated from their contextual condition and to the reproduction of vulnerabilities through biopolitical and necropolitical devices in its teaching and professional practice. Based on the theory of gender performativity, it is understood that social and legal norms not only recognize bodies, but produce them by determining legitimate forms of existence and forms excluded from legal language.