INCARCERATION OF LGBTI+ people:

between state laws and prison laws?

Abstract

This article aims in the light of the dignity of the human person to analyze the process of imprisonment of LGBTI+ people in Brazil. For this, bibliography and documentary analysis is used for data collection and analysis. These documents, therefore, correspond to national legislation, resolutions, ordinances, national/state public policies and other documents, in addition to the studies of the International documents ratified by Brazil (or not) that deal with this theme, respectively. Given the above, the understanding that the absence of national regulations regarding the treatment of LGBTI+ people is crystallized in the context of deprivation of liberty materializes serious lack of violation of the fundamental and constitutional rights inherent to the transgressors of CishéteroNormativity in the context of deprivation of liberty. The logic of criminal and prison systematics has risen over the years with a strong influence of culture, social, political and, astowed, religious. The idea of torment as a form of punishment has been transmuted from the body to freedom, and today it also infers in the most elementary values of a society, dignity of the human person. The absence of national regulations dispensed to LGBTI+ people in the context of deprivation of liberty reveals serious lack of violation of the rights of this population.