INTERVENÇÕES CIRÚRGICAS E TERAPÊUTICAS DE “NORMALIZAÇÃO” DO CORPO SEXUADO ATÍPICO: violações aos direitos da personalidade dos sujeitos intersexuais

Abstract

This paper portrays the investigation carried out on the construction of conceptions of the sexed body as a result of discourses historically situated in a determined space-time to understand that the meaning of intersexuality consists of the reflection of the binarism assumed by the sexual body at the turn of the 19th century. Furthermore, it presents concepts of identity and gender roles, differentiating them from the concept of biological sex, to point out the conceptual confusion that persists in social and medical discourses. Henceforth, this paper reports on the emergence of the protocol for coping with intersexuality, which is still used as a standard of medical treatment to model the intersexual body in a typical sexual body. In addition, it works with definitions of the rights of personality and human dignity as the supreme principle of a democratic rule of law. To create a consistent conceptual framework, this research contains the collection of information from secondary sources, including legal texts, as well as a bibliographic review of journals, scientific articles, and, above all, other works by authors relevant to the analysis of the themes of intersexuality and personality rights, such as Foucault, John Money, Judith Butler, Anne Fausto-Sterling, Joan Scott, Luís Roberto Barroso, Sarlet Ingo Wolfgang, Carlos Alberto Bittar, and others. The applied research assumes an exploratory character of the analyzed concepts, which made it possible to achieve the main objective of this paper, which consists of identifying the violations of personality rights of an intersexual subject who has been subjected to surgical interventions of “normalization” of the body via sex and hormonal treatments. The critical analysis of the concepts carried out through this methodology makes it possible to conclude that the surgical interventions of "normalization" for an atypical body and the hormonal treatments to which the intersex person has been subjected lead to reflection on the limits of family power, simultaneously eroding the individual rights of the intersexual, from the moment they are subjected to practices that affect their psychophysical integrity, their well-being and, above all, their dignity, in favor of ingrained sociocultural values.