Para uma gramática da justiça trans-formadora: articulações teóricas entre Nancy Fraser e Judith Butler

Abstract

This thesis aims to investigate the possibility of constituting a new grammar of justice, by focusing on the legal depersonalization experienced in Brazil by trans subjects and detecting the need to discuss ways of potently opposing/preventing it. Choosing the philosophies of Nancy Fraser and Judith Butler as a theoretical basis, the possibility of defense is the hypothesis of constituting, through the articulation between the philosophies of those authors, the theoretical proposal of the trans-formative grammar of justice. Moving forward, it is supported, secondarily, as a mechanism capable of enhancing opposition/impediment to legal depersonalization and as a double critical strategy. Thus, this investigation is structured by the historical-analytical method of Fraser (2009c). It also uses the hypothetical-deductive approach method, and the research technique used is indirect documentation through bibliographic research. This thesis is composed of four chapters. The first chapter, it is meant the grammar of the trans-formation of trans subjects. Thereon, the grammar of legal depersonalization is used to signify the grammars of exclusions and silences experienced by trans subjects and, thus, this grammar is presented and diagnosed. In the second chapter, an analysis of Fraser's theoretical contributions is carried out. In the third chapter, a study of Butler's contributions is made. In the last chapter, it is sought to expose the possibility of approximation between the authors' theories. It is shown that to formulate the grammar of trans-formative justice, it is essential to combine Fraser's three-dimensional theory of justice with the democratic-participatory dimension, made possible by Fraserian subaltern advertising and the Butlerian deconstructivist contribution. Therefore, an analysis is made about the possibility and the need for such grammar in Brazil. It is evident how the grammar of trans-formative justice can contribute to the situation that worsens and intensifies in the Brazilian scenario of legal depersonalization experienced by trans subjects. Therefore, it is proposed as a powerful mechanism of opposition/impediment to the legal depersonalization to which trans subjects are submitted. Going further, it is held that the grammar of trans-formative justice has a doubly critical character. Therefore, it is thought that this study makes important contributions possible. It is believed that the advocated perspective - by revealing the potential for trans-formation and reframing for the legal field - makes possible the possibility of reflecting an emancipatory praxis in a more effective and balanced way for the Law. Thus, it constitutes a promising path for Law to establish itself in a powerful democratic and emancipatory space and contributes to a concept of resistance to normativity. It is also argued that the proposed structuring of the grammar of justice presented constitutes a theoretical contribution with the potential to enable more livable lives, such as the trans ones. It is advocated, therefore, that the thesis of the grammar of trans-formative justice - by combining the structures of Fraser and Butler and demonstrating a potent mechanism of opposition/impediment to depersonalization and as a double critical strategy - shows a feasible theoretical contribution and with theoretical instruments capable of structuring a grammar of inclusive justice, radically democratic and effectively emancipatory to trans subjects in Brazil.