A violação dos direitos humanos dos transgêneros no sistema penitenciário brasileiro.

Abstract

With the advancement of our society, it is the duty of lawmakers to seek ways of adapting norms for the new reality of population. Transgenderism has been part of our social body since the Roman Empire. In spite of being present between us for a long time, we still live in a society governed by heteronorms that defend the right only of those who follow the sexual standard imposed by society. In face of the legal disregard for transgender people, it is common the violation of their most basic rights. In addition, facing the prison chaos that our country lives, the situation of these people becomes even more complicated, since there is no policy in Brazil to ensure the rights of transvestites and imprisoned transsexual women. Once again the heteronorms make themselves present and the genitalia of the individual is who decides in which prison he should stay. However, with the advancement of science, there are currently people in the process of transformation and that individual who already owns the body of a woman, feels like a woman, but has not yet undergone surgery for sexual reassignment and is not known civilly female is forced to divide the same cell with dozens of men and the result could not be different, in that environment she is victim of the worst violations, metals and physical, that a human being can suffer. Other countries have already taken steps to alleviate this high rate of violence, some even discuss the possibility of building specific prisons for transgenders. In Brazil, the situation is taken in short steps, some states have already implemented the "gay wings", but these states, unfortunately, are still minorities. While solid attitudes are not taken, countless transvestites and transsexual women will continue to be victims in Brazilian penitentiaries. For the preparation of the present study it will use the deductive and historical methods. The procedure will be based on bibliographical research, with an analysis of books, journals and, mainly, published scientific articles with an approach on the subject. This article aims to clarify, without exhausting the questions on the subject, of the difficulties faced by transgender people within the Brazilian penitentiary system.