Direitos humanos e o transexual frente á lacuna legislativa Brasileira.

Abstract

This research has as its main purpose the clarification of how is the transsexual’s situation in front of the Brazilian legal system, more precisely, the study seeks to report the remaining legislative omissions, such as the lack of legal provision for changing the name and sex in Civil Registry after sexual reassignment surgery or even without the occurrence of surgical procedure, highlighting the need to respect and value human dignity of transgender. Using the deductive method of approach, and the historical and comparative methods of procedure, it appears that an individual with transsexuality still requires greater attention by the Brazilian legislature, with the actual realization of their human and fundamental rights, which were conquered in the course of historical struggles, always aiming to give it a decent life according with their nature and the essence of their sexuality. Moreover, for this work is used as a research technique the indirect documentation, which clearly reveals, through the most valuable opinions, how it is essential to raising the humanist initiative at the heart of the legal regulations. Furthermore, the creation of public policies from the perspective of biopolitics also makes it interesting for those who need support from the state as a reduction tool inequality and prejudice. Finally, we arrive at the result that the legal situation of the transsexual has achieved some progress with the changes in the jurisprudence, however, the creation of standards to avoid the denial of rights is a progress still desired by those who live on the skin the discrepancy between physical and psychological sex.