PANORAMA DOS DIREITOS LGBTQIA+ NA AMÉRICA DO SUL À LUZ DO DESEMPENHO DEMOCRÁTICO (2010-2021) E DA SUA JUDICIALIZAÇÃO

Abstract

Reflecting on the rights of minorities represents a challenge when relating historical and current perspectives for an investigation that contributes to the construction of responses to the problems faced by these groups. The present research panorama establishes a 12-year period (2010-2021) in South America in an attempt to understand aspects of development and democratic performance in the judicialization of LGBTQIA+ rights. From this perspective, several factors are raised to verify the reasons for the scarcity of rights and the ineffectiveness of existing rights for these groups, going into the political, historical, social, and judicial spheres. The investigation of the countries is done through methods of bibliographic review of academic productions on the thematic axis, documentary analysis of reference materials, and verification of data developed by platforms that measure the democratic index of South American countries, such as the Democracy Index. Thus, it is possible to see the nuances of the democratic conjuncture of the countries that are (in)directly influenced by a cultural, religious, and social heritage of the Iberian colonization (Luso-Spanish) in the maintenance of prejudices built throughout history and persist with conservatism, hindering the constitutional recognition and legal support of same sex unions. There is also a common movement among South American countries in the recognition of LGBTQIA+ rights, even though the way in which these rights are affirmed is not homogeneous (through Parliament or the Courts).