THE PUNITIVE SPEECH AS BRAZILIAN PATERNALISTIC LEGITIMATING VIOLATION OF HUMAN RIGHTS - A PARADIGM PUNITIVE / RESTRICTIVE TO SEXUAL AND REPRODUCTIVE FREEDOMS OF GENDER

Abstract

Abstract: The research aims to screen punitive questioning discourse in Brazil, based on the nature of state paternalism as a form of violation of human rights in gender issues. In this sense, the criticism focuses on the fragility of demagogic discourse held in criminal harvest, being in contradiction with sensitive internal fundamentals of constitutional nature, and especially in international human rights, perpetuating gender oppression (especially sexual freedom and reproductive). Thus, exposure of this issue it is very important in building a new national legal-human thought, which always seek substantive equality (between men and women) and social justice.