Disputes on abortion and sexual diversity in the Chamber of Deputies in the early years of the Bolsonaro government: the art of marking differences

Luna, Naara

doi:10.1590/1809-43412023v20d803

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Brasil

Vibrant: Virtual Brazilian Anthropology

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Dossier Ethnography of Governance Institutions • Vibrant, Virtual Braz. Anthr. 20 • 2023 • https://doi.org/10.1590/1809-43412023v20d803 copy

Disputes on abortion and sexual diversity in the Chamber of Deputies in the early years of the Bolsonaro government: the art of marking differences

Disputas sobre aborto e diversidade sexual na Câmara dos Deputados nos anos iniciais do governo Bolsonaro: da arte de marcar as diferenças

Authorship SCIMAGO INSTITUTIONS RANKINGS

Abstract

The present article explores the disputes in the Brazilian Chamber of Deputies about abortion and sexual diversity during the first two years of the Bolsonaro government (2019-2020). Focusing on the controversial moral themes of abortion and sexual diversity, the article examines legislative dynamics by analyzing statements made by congresspeople in the Chamber of Deputies s and the legislative proposals they submitted. This article is based on qualitative research, observing the discursive dynamic of mutual accusations and inversion of arguments. Particularly noteworthy in this context was the heavy engagement of religious actors in the defense of conservative positions.

Keywords
abortion; sexual diversity; Chamber of Deputies; Bolsonaro government

Abortion - status of the unborn child	Sexual diversity
abortion	LGBT, LGBTQI
embryo	sexual orientation
unborn	homosexual, homosexuals
in vitro fertilization	homosexuality, homosexuality
assisted reproduction	gay, gays
	lesbian, lesbians
	homophobia
	lesbophobia
	transphobia
	transgender
	transvestite
	same-sex marriage
	civil union
	civil partnership
	sexual option
	gender ideology

Congressperson	Party	Legislative proposal	Subject of the proposal
Carla Zambelli; Bia Kicis; Eduardo Bolsonaro	PSL - SP; PSL - DF; PSL - SP	Bill No. 3492/2019.	Amends Arts . 75, 121 and 129 of the Penal Code to provide for homicide and bodily harm to children and adolescents as qualifying circumstances for the crime of homicide and bodily harm, and art. 1 of Law nº 8.072/1990, to include homicide against children and adolescents and to impose gender ideology on the list of heinous crimes.
Chris Tonietto	PSL - RJ	Application No. 136/2019.	Requests the holding of a Solemn Session to celebrate the Day of Combating Gender Ideology.
Pastor Sergeant Isidorio	AVANT - BA	Bill No. 2587/2019.	Regulates the profession of Psychologist to allow the treatment of cases of adjustment problems and psychological disorders, including those related to gender identity and sexual orientation.

Congressperson	Party	Legislative proposal	Subject of the proposal
David Miranda	PSOL - RJ	Draft Legislative Decree No. 487/2019	Suspends Decree No. 9,883, of June 27th, 2019, which provides for the National Council to Combat Discrimination.
Marcelo Calero	CITIZENSHIP - RJ	Information Request No. 732/2019.	Requests information regarding the non-inclusion of the LGBT+ public in the National Tourism Plan guidelines of 2018-2022, approved by Decree No. 9791, of May 14, 2019.
Maria do Rosário	PT - RS	Bill No. 3774/2019.	Establishes rules and criteria for recording criminal and administrative offenses that may be motivated by prejudice or discrimination on grounds of sexual orientation, gender identity and expression by public safety and health agencies in national territory.
Luizianne Lins	PT - CE	Application No. 55/2019.	Requires holding a Public Hearing to discuss censorship against LGBT cultural expressions

Congressperson	Party	Legislative proposal	Subject of the proposal
Erika Kokay	PT - DF	Application No. 30/2019.	Requires the holding of a public hearing, in conjunction with the Human Rights and Minorities Commission, to discuss PL No. 2,138/2015, which “Amends Law No. 7,716/1989, to punish discrimination or prejudice regarding gender identity or sexual orientation .
Luiz Flavio Gomes	PSB - SP	Bill No. 1051/2019.	Amends Law 7,716/1989, which defines crimes resulting from racial or color prejudice, to include sexual orientation.
Luiz Flavio Gomes	PSB - SP	Bill No. 2057/2019	Amends Law 7,716/1989, which defines crimes resulting from racial or color prejudice, to include sexual orientation and gender identity.
Expedited Netto	PSD - RO	Bill No. 4468/2019.	Amends art. 65 of Law nº 9.605/1998, to insert a qualifier in the crime of graffiti.
Marília Arraes	PT - PE	Bill No. 713/2019.	Amends art. 61 of the Penal Code to consider as an aggravating factor race, color, ethnicity, religion, origin, sexual orientation, gender and/or disability in the commission of a crime.
Edna Henrique	PSDB - PB	Bill No. 321/2019	Prohibits discriminatory practices for admission, promotion or permanence in employment.
David Miranda	PSOL - RJ	Bill No. 2653/2019.	Provides for the protection of people in situations of violence based on sexual orientation, gender identity, gender expression or biological or sexual characteristics.
David Miranda; Fernanda Melchionna; Sâmia Bomfim	PSOL - RJ; PSOL - RS; PSOL - SP	Bill No. 3741/2019.	Creates the School without Discrimination Program to combat violence against the LGBT population.
Talíria Petrone	PSOL - RJ	Bill No. 2777/2019	Establishes the need to collect, process data, and create statistics on the LGBT population in health, social assistance, and public safety services

Congressperson	Party	Legislative Proposal	Subject Of The Proposal
Sóstenes Cavalcante	DEM - RJ	Application No. 173/19.	Requires holding a Public Hearing to hear the testimony of people who stopped being gay and discuss their position and the problems faced, from then on, in society.
Abilio Santana	PL - BA	Application No. 154/19.	I request that a public hearing be held to discuss the prejudice suffered by former homosexuals, a minority within a minority.
Pastor Eurico	PATRIOT - PE	Bill No. 5490/19	Repeals item “i” of item IV of § 3 of art. 3 of Law No. 11,350/06, which provides for Community Health Agents to carry out home visits to homosexuals and transsexuals.
Otoni de Paula	PSC - RJ	Bill No. 4949/19.	Amends Law No. 7,716/1989, to define and punish crimes resulting from discrimination or prejudice based on sex or sexual orientation, but does not criminalize conduct based on individual freedom of belief.
Dr. Jaziel	PL - EC	Draft Legislative Decree No. 520/19.	Suspends the application of Resolution No. 1/18, of the National Council of Education, which defines the use of the social name of transsexuals and travestis for official use in school records.

Congressperson	Party	Legislative Proposal	Subject Of The Proposal
Marcelo Freixo	PSOL - RJ	Bill No. 6350/19.	Amends the Penal Execution Law to determine that travestis and transsexuals are taken to the appropriate establishment for their gender identity.
David Miranda	PSOL - RJ	Bill No. 5096/19.	Establishes, within the scope of the National Policy for the Prevention of Self-Mutilation and Suicide, clippings and content aimed at the LGBTI+ population.
Bacellar	CAN - BA	Bill No. 6499/19.	Includes sexual orientation as a reason for recognition of refugee status.
carolina aurea	PSOL - MG	Application No. 69/19.	Requests the Minister of Citizenship, Mr. Osmar Terra, to provide information about the statements made by President Jair Bolsonaro when he vetoed resources for audiovisual productions with themes of LGBT and Racial Diversity.
Luizianne Lins	PT - CE	Application No. 81/19	“Requires the holding of a Public Hearing to discuss censorship against LGBT cultural expressions”.

Congressperson	Party	Legislative proposal	Subject of the proposal
Chris Tonietto	PSL - RJ	Bill No. 1945/2020.	Amends Article No. 127 of the Penal Code to include a cause for increased penalties for abortions performed due to microcephaly or any other malformation of the fetus.
Chris Tonietto	PSL - RJ	Bill No. 1979/2020.	Amends the Statute of the Child and Adolescent to include the unborn child within the scope of the protection of the law.
Chris Tonietto	PSL - RJ	Indication No. 505/2020.	Requires sending a Referral to the Federal Public Defender General in order to suggest the creation of a thematic group, within the scope of the Public Defender of the Union, for the purposes of legal and extrajudicial assistance to unborn children.
Paula Belmonte	Citizenship - DF	Bill No. 537/2020	Extends the rights of children during infancy to unborn children from conception on.

Congressperson	Party	Legislative proposal	Subject of the proposal
Carla Zambelli	PSL - SP	Draft Legislative Decree No. 28/2020.	Suspends the effects of Resolution No. 2,265 of September 20th, 2019 of the Federal Council of Medicine, which provides for specific care for people with gender dysphoria or transgender people and revokes Resolution CFM No. 1955 of 2010.
Chris Tonietto	PSL - RJ	Draft Legislative Decree No. 19/2020.	Suspends the effects of Resolution No. 2,265 of September 20th, 2019 of the Federal Council of Medicine, which provides for specific care for people with gender dysphoria or transgender people and revokes Resolution CFM No. 1955 of 2010.
Vitor Hugo	PSL - GO	Draft Legislative Decree No. 47/2020.	Suspends the effects of Resolution No. 2,265 of September 20th, 2019 of the Federal Council of Medicine, which provides for specific care for people with gender dysphoria or transgender people and revokes Resolution CFM No. 1955 of 2010.

Congressperson	Party	Legislative proposal	Subject of the proposal
Sâmia Bomfim; Luiza Erundina; Carolina Áurea; Fernanda Melchionna	PSOL SP; PSOL SP; PSOL MG; PSOL RS	Bill No. 4297/2020	Provides for the creation of a protection zone around health facilities that provide legal abortion services and services that provide specialized care to women who are victims of sexual violence.
Marreca Filho	PATRIOT - MA	Bill No. 4550/2020	Provides for the protection of children and adolescent victims of sexual violence, so that child victims of sexual abuse will have priority in the judgment of requests for termination of pregnancy.
Marreca Filho	PATRIOT - MA	Application No. 2187/2020	Requests the presence of Minister Damares Alves to provide clarification on the attempt to interfere in the abortion performed by a girl from Espírito Santo and on the relationships of the right-wing activist Sara Winter (Giromini) with the Ministry of Women, Family, and Human Rights.
Alice Portugal	PCdoB - BA	Information Request No. 1283/2020.	Requires clarification from the Minister of Women, Family and Human Rights, Damares Alves, on the actions of the Minister and her team to prevent a ten-year-old child, raped by her uncle, from having the right to a legal abortion.
Sâmia Bomfim	PSOL - SP	Information Request No. 1039/2020	Requires the Acting Minister of Health, Mr. Eduardo Pazuello, information regarding the omissive conduct of the Ministry of Health in the episode of the ten-year-old girl from Espírito Santo who was the victim of rape and who found it difficult to perform a legal abortion in the SUS, as well as the demonstrations against legal abortion by the leader of this Ministry.
Sâmia Bomfim	PSOL - SP	Application No. 2328/2020.	Requires the summons of the Minister of State for Foreign Affairs, SR. ERNESTO ARAÚJO, to clarify the alliance with the USA for an international initiative against legal abortion.
Diego Garcia	CAN - PR	Information Request No. 1207/2020	Asks His Excellency the. Minister of Health information concerning DATASUS and pregnancy in childhood and adolescence, as well as mortality resulting from abortion in childhood and adolescence.

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