PhD candidate in Gender Studies at Nova School of Law of Universidade Nova de Lisboa, Faculdade de Ciências Sociais e Humanas da Universidade Nova de Lisboa (FCSH-UNL) e Instituto Superior de Ciências Sociais e Políticas da Universidade de Lisboa (ISCSP-UL) with a research scholarship granted by Fundação para a Ciência e a Tecnologia (FCT) through the Research Center for Gender Studies - Centro de Investigação em Estudos de Género (CIEG) - of Instituto Superior de Ciências Sociais e Políticas da Universidade de Lisboa (ISCSP/UL) (2020-present). Post-Graduate degree in "Equality Law" from Law School of Lisbon University - Faculdade de Direito da Universidade de Lisboa (2021). Master in Public Law (2016-2019) with the dissertation "Possibility of legal recognition of the third gender in Portugal" by Nova School of Law da Universidade Nova de Lisboa. Graduated in Law from Nova School of Law at Universidade Nova de Lisboa (2012-2016). Member of the Team and editor of the journal Faces de Eva. Estudos sobre a mulher from issue 44(2020) to issue 50 (2023).
Title: Socio-legal changes in Portugal: a case study on LGBTI+ rights
Objectives:
1) identify and understand the socio-legal factors that contributed to the legislative changes; and
2) understand the impact of these legal changes on the Portuguese legal system, particularly with regard to adoption and PMA.
Methodology: The research is oriented from four research hypotheses:
1. The action of the LGBT+ movement influenced the approval of the diplomas.
2. The different political conjunctures influenced the approval of the diplomas.
3. The international, European and transnational legal framework had an effect on the achievement of LGBTI+ rights at a national level.
4. The legislative changes contributed to the creation of new legal-social conceptions within the family.
The research aims to understand and explain how the process of the acquisition of rights by LGBTI+ people that eliminated legal discrimination in the family sphere has developed. We will focus on the achievement of the so-called "parenthood rights" (adoption and MAR), recognised with the approval of Law no. 2/2016 of 29 February, which eliminated discrimination in access to adoption, civil sponsorship and other family legal relationships, and Law no. 17/2016 of 20 June, which widened the scope of beneficiaries of medically assisted procreation techniques. We will analyse all the legislative processes between 1999 and 2016, which have discussed or attributed any right within the family scope to LGBTI+ people, and the data will be collected from i) written documents; and ii) interviews.
Topics of interest: Gender, Law, LGBTI+ rights, LGBT parenting
Scientific publications and communications:
- Rodrigues, Mariana de Oliveira (2022). The lack of legal recognition of trans parenthood in Portugal. Revista Ex aequo. https://doi.org/10.22355/exaequo.2022.45.07
- Rodrigues, Mariana de Oliveira (2020). Third gender: possibility of legal recognition in Portugal. Lisbon International Press.
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