AFIRMAÇÃO DO DIREITO HUMANO À LIBERDADE SEXUAL DA POPULAÇÃO LGBTQIA+ E O PENSAMENTO DE AXEL HONNETH

Abstract

It is intended to discuss the human right to sexual freedom in contemporary times with a focus on the LGBTQIA+ population. The objective is to analyze the international scenario of the recognition of the right to sexual freedom, examine how the Brazilian legal system protects it, and verify how the recognition of rights for the LGBTQIA+ population fits into the struggle for the affirmation of human rights. Theoretically, it draws on some contributions from Axel Honneth's thought. The method adopted was a literature review, and the research was qualitative. A dialectical perspective was adopted, focusing on internal contradictions and understanding the historical context. Several countries that are signatories to the 1948 Universal Declaration of Human Rights still institutionally persecute the LGBTQIA+ population. In Brazil, although the right to sexual freedom is not normatively provided for, there are several court rulings protecting it. It is concluded that, despite the progressive recognition in case law, the affirmation of the human right to sexual freedom of the LGBTQIA+ population depends on effective normative, but also social, transformations to achieve recognition in Honnethian terms