SANTANA, V. M.; http://lattes.cnpq.br/7293195266560539; SANTANA, Valfredo Mateus.
Résumé:
In an environment that daily tends to highlight the importance of the human being
and their personal rights, guaranteeing everyone's equality by the Federal
Constitution and the all juridical ordaining, it seems clear a more frequent promotion
and protection of the personality rights, inherent to every single person from birth to
adult life. This monographic study initially presents an analysis of such personality
rights mentioned above, involving their generalities, like concept, characteristics,
effects and species of kind of them. After, it will examine the human sexual formation,
as a better way to understand the issue of transexualism (transgender), which is
seen as a gender dysphoria. The difficulty to perceive it by the different segments of
society, including the legal source, derail the recognition of some personal rights to
transsexual person, such those to change the first name and sex status on the
identities documents, although surgery has been fully recognized by the Federal
Council of Medicine and the national Health System in Brazil. The main objective of
this monographic work is the discussion of the applicability and effectiveness of
personality rights into transsexual's situation. The method chosen was the deductive,
founded on the qualitative, global and inter-related research, focusing contexts. In
conclusion, this monograph can provide that the pathologizing of transexualism and
the unavailability of personality rights can't strengthen stigmas, encourage
discriminatory attitudes and contribute to transsexual's marginalization. They can not
fail to recognize the transgenders as citizens, their rights to exist and be happy:
requirements of a dignified life - constitutionally provided.
