POR UMA NOVA DEMOS. A INSERÇÃO DA COMUNIDADE LGBTQIA+ NA GÊNESE LEGISLATIVA BRASILEIRA

doi.org/10.29327/217514.7.1-19

Abstract

The origin of democracy goes back to a context of privileges. After millennia of development of representative institutes and democratic political regimes, as the Brazilian Legislative Houses still have an elitist profile. It remains evident that the gender electoral quota as an affirmative action already provided for in the electoral legislation is the legal instrument capable of solving the underrepresentation faced here. However, before a legislative deficiency in this sense, LGBTQIA + political legitimacy is conditioned to the protection of a specific state rule, since breaking with systems that support social relations is the duty of the State. It is clear that the lack of tightening of public policies that encourage the realization of the rights of a certain social segment can be understood as the result of a deficient legislative support given by the national political system to movements against hegemonic, causing ineffectiveness of the concrete precepts of democracy.