Queer theory and legal order:
reflections on a queer theory of law
DOI:
https://doi.org/10.9771/peri.v3i16.37391Abstract
This work aims to understand what a “queer theory of law” could be, that is, how the criticisms of the queer
theory could contribute to the legal sciences as to revolutionize what the law understands by sex, gender, and sexuality. As a normative framework, law has always designed sex, gender, and sexuality; however, the legal field constructs these dimensions from the perspective of nature, strengthening heteronormativity, fixed identities, sexual and gender binarisms,
as well as the sex-gender-sexuality logic that queer theory aspires to dismantle. Thus, through an exploratory research and a bibliographic review of queer studies, this study understands that a queer theory of law must undertake dismantling and strangeness to the norms of the legal field, criticizing the normatization engendered by them concerning the categories of
sex, gender, and sexuality. Consequently, a queer theory of law imposes the inclusion of all those who are on the verge of citizenship and heteronormativity within the legal universe, contemplating all subjects regardless of sex, gender, or sexuality.
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