A retificação civil do sexo das pessoas trans e seus efeitos jurídicos frente a distinções sexistas subsistentes no ordenamento jurídico

Data
2018-09-11
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Universidade Federal Rural do Semi-Árido

Resumo

The legal transsexuals gender identity recognition was a step-by-step process, which can be reminded both by the judicial upfront efforts and also by its administration. Considering that, what can be done, so the legislative recognition of gender identity can contribute filling gaps lefts behind from jurisprudential decisions at the pleas presented by the transsexuals? The adopted method will be a research, under jurisprudential allowance, decree, and law projects approaching gender identity that are being processed at the National Congress. The research is descriptive in its nature, with qualitative approach. Firstly, was emphasized the jurisprudential outcome surrounding name and civil gender changing aimed by the gender identity. Secondly, will be considered legal effects related to a case where a transsexual man, who had legally changed his name and gender at the civil registry and lost his pensions rights for being no longer a “single daughter” under the Social Security protocols. At the end was approached the gender identity law’s projects undergoing at the National Congress. Concluding, in this matter, that the Judiciary Power, intending to be activist, grants the rights toward name and gender changing in contrast with the Legislative Power that takes its part inert, concerning to the National Congress law’s Project approval regarding to some others supposed deserved rights.


Descrição
Artigo Acadêmico
Citação
Costa (2018) (COSTA, 2018)
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