Transexual masculino redesignado pode ser vítima de estupro?

Abstract

Transsexualism is an interesting issue today, it is going to cause controversy among doctors, psychologists and applicators of law, in view, that sex is not considered only as a physiological necessity, therefore, genetically determined and, by its nature , Immutable. This work of course conclusion, uses a methodologic exegetic-search legal and it uses a technique of literature search and virtual this work has a general objective: to analyze the possibility of giving broad legal protection for freedom of sexual of the transsexual persons who underwent for a neocopovulvoplastia, and perhaps that is required to practice in conjunction carnal, by violence or severe threat. Specific objectives are: to recognize the transsexual and their specificities and to identify the general crime of rape, interpreting, progressively, the legal requirements for its proper framework. The point is the fact that transsexual women be a victim of violent attack of modesty, no doubt, that any person - whether man, woman is - can be victim of this offense. We want know if transsexual redesigned, who returned to court rectification of the name and gender in their civil registry, which will be compelled to practice in conjunction carnal will be considered a victim of rape. The law is progressing about applications for rectification of the name and gender in the civil registry, with an integration of favorable court decisions in order to allow these changes in order to allow the transsexual, after surgery for Sexual resignation, a new sexual identity, abandoning then, the sexual duality. However in Seara criminal, yet there is not a homogeneous position on the issue presented, yet. Then, in the legislation, about the fact that the protection of women's sexual freedom extends to biological male transsexual who underwent a surgical procedure that you redesign morphologically, it has to observe what about the Federal Constitution principle of human dignity, considering, including, for interpretative harmony, the unity of the legal system in resolving the issues.