"Sex" and "gender" as constitutional categories — Critical notes from iusfeminist legal dogmatics

Resumo

The article invites reflection on the apparent neutrality of legal discourse and the importance of detecting gender biases and/or stereotypes. Hence, it begins by alluding to the Nobel laureate in Economics, Daniel Kahneman (2011), who in one of his works invites us to visualise two lines of equal size, but which, at first glance, appear to have a different extension. The Nobel laureate in economics states that what is seen and observed is never neutral. Hence the importance of stopping to think about the form of socialisation of the sex-gender system in order to subsequently reflect on the terms in which the legal discourse has outlined the subject of Law (normative model of the human) and has recognised rights, and its effects from the point of view of interpretation and normative application.