APAGAMENTO DAS SUBJETIVIDADES DAS MULHERES E DAS PESSOAS TRANSMASCULINAS NO SISTEMA PRISIONAL:

AUSÊNCIA DE ACESSO À ATENÇÃO PRIMÁRIA À SAÚDE E À DIGNIDADE MENSTRUAL

Abstract

The Supreme Federal Court recognized the existence of an unconstitutional state of affairs in the Brazilian penitentiary system in the judgment of ADPF n. 347. Among the widespread violations of fundamental rights faced by people deprived of liberty, this article focuses on the neglect of primary health care and the absence of a guarantee for menstrual dignity for women and transmasculine people. Law, constructed from a modern, European, and Western paradigm, constituted white, heterosexual, cisgender, and Christian men as the epistemic and rights subject. Thus, subjectivities that deviate from this standard are excluded from legal protection. The penitentiary system also reproduces the logic of society as a whole, reflecting the values of the moral community that established it. Starting from these premises and based on queer theory — which questions the mechanisms of normalization and proposes a valuation of diversity, breaking away from the gender binary as a device for controlling bodies and structuring social discipline through legal norms — this article seeks to analyze the erasure of the subjectivities of women and transmasculine individuals in the prison system, through an intersectional lens, in light of the discrimination markers that intersect these experiences and the analysis of the data from ADPF no. 347.