Direito transgênero: uma análise das legislações que regulamentam a cidadania trans

Abstract

The present work reports the struggle of the transgender movement in search of the recognition of its identity within the LGBT movement itself and in the Brazilian political scope, verifying how the demands of the transgender people question the existing notions of citizenship and seeks to analyze the current legal landscape in search for laws or jurisprudence regulating trans citizenship. The method used was the inductive, using exploratory research and mapping of the most relevant laws and jurisprudence on the subject through a historical analysis and the legal order on the subject, which was used the critical perspective to existing concepts of citizenship and the idea of subjects based on contemporary debate. Thus there is scarce legislation on the subject, the great judicialization of fundamental rights and safeguards safeguarded only for those that meet binary gender standards. Thus, the citizenship of transgender people is guaranteed only in the constitution and is not properly enforced by infraconstitutional norms or public policies, violating several fundamental guarantees imposed not only by the constituent, but also by agreements and international organizations to which Brazil is a part, thus hindering the process of building citizenship of transgender people.