Enfoque criminológico del fenómeno queer: consecuencias socio-jurídicas de alternar sexo y género

Resumo

The present research is an analysis, from a criminological approach, of the queer phenomenon and the socio-legal consequences of the alternation between sex and gender. The ultimate objective is none other than to show the repercussions that self-gender determination has and can have in areas of criminological interest. To this end, a mixed methodological approach has been employed, as both quantitative and qualitative data sources have been used. Firstly, in the first chapter, documentary research has been carried out on the conceptualisation of sex and gender and the different approaches given from the perspective of LGBTI and feminist studies, as well as a documentation of the theoretical conflict between «classical» feminists and queer scholars. In the next one, a purely legislative chapter, the origin and possible impact of queer postulates and the principle of self-gender determination in international and national law has been investigated through a legal analysis. Finally, the third chapter is divided into three parts, the first consisting of a statistical and theoretical analysis of the criminal phenomenon from a feminist perspective, the second of an approximate analysis of the main criminological areas affected by the principle of self-gender determination, and the third and last of an exploratory-qualitative study of the phenomenon in cyberspace and its possible link with hate speech. Once the research has been carried out, it has been possible to conclude that the insertion of the principle of self-gender determination in legislation represents a challenge for a wide range of areas with criminological implications, such as crime statistics or prison treatment. Legislation on equality and violence against women is at risk, as well as the protection of infacy and adolescents, as the principle of the best interests of the minor is violated, which could lead to cases of vitiated consent and permanent injury. Furthermore, it is a source of conflict between supporters and detractors of queer postulates, which brings to the surface a misogynist hate speech against the detractors, all of this inserted in a patriarchal society where violence against women has been on the rise since 2020.