The "gay cure" from the perspective of human and sexual rights: legal questions about sexual reorientation therapies in Brazil

Abstract

 The purpose of this paper is to analyze the controversies about Resolution 01/99 of the Federal Council of Psychology, a normative act that forbade psychologists to practice the so-called sexual reorientation therapies, popularized as "gay cure". From the concepts of sexual rights and sexual politics, understood here as necessary presuppositions for a more holistic understanding of the social management of the issue in Brazil, the recent clashes around Resolution 01/99 within the scope of the judiciary have been focused, addressing CFP's legitimate normative competence for the edition of the act, as well as its effective material constitutionality, from the perspective of internal constitutional law and also of the Universal and Inter-American Human Rights Protection Systems. It was also addressed the specific issue of egodistonic homosexuality, its removal from the main international classifications of diseases and the prospects of appropriate therapeutic practices. The research was conducted through a literature review oriented on the issue, searching documents and jurisprudence of internal and international bodies. As several attempts to repeal Resolution 01/99 have been taking place in recent decades, either by law or court, the importance of the debate on sexual reorientation therapies for the defense of fundamental rights is evident.