From the 1960s onwards, a critical movement was consolidated, which began to inform investigations that sought to demystify the traditional dogmatic legality based on the approximation between the Law and the State of social practices and interdisciplinary criticism, proposing a new rationality to unveil the processes of domination and construction of truths that sustain the various forms of social oppression. About the human rights, this movement focused primarily on theories that assumed a universal character of these rights and their subjects, ignoring the sociocultural contexts in which they were inserted and produced. However, critical human rights theories – such as Costas Douzinas, Richard Rorty and Paul Ricoeur –, when analyzed in their presuppositions of justification, do not seem to account for the plurality of subjects and ways of life that practical reality entails and demands from a pragmatic perspective on human rights. This seems to be observable in the case of subjects who deviate from the compulsory hetercisnormativity, imposed by a scheme of truths about sexuality and gender, to which Queer Theory – especially worked by Judith Butler - imposes resistance, shifting the power of social change to the (not)subjects with their political agency. Therefore, this work approaches the critical theories of human rights and their production of subjects and non-subjects, opposing them to the proposal of political agency and the dialectic production of the subjects, aiming to answer the question of the usefulness of these theories to the construction of a society that recognizes the human plurality, without (pre)definitions of who or of whom will be considered worthy of human rights.