Gender identities and the ethnic-racial debate in Brazilian law: Self-declaration as a technique of anti-discrimination protection

Abstract

Self-declaration as a technique to identify subjects and groups emerged as an antidiscriminatory institution within the framework of ethnic-racial relations. In terms of sex, gender and sexuality, is a technique that needs to be developed and strengthened, requiring more theoretical reflection and legislative prediction on Brazilian law. In this domain, self-declaration goes against arbitrary, heteronormative and simplifying classifications, informed by gender binarism in essentialist approaches to sexual identities, which ultimately subalternize individuals and groups rather than protect them against discrimination. Based on the ethno-racial debate, it is concluded that self-declaration is adequate and promising as an antidiscriminatory instrument to protect sexual and gender identities.