Transsexualidade e o direito de (não) mudar: identidade de gênero face à ausência de tutela estatal.

Abstract

In a society where heteronormativity said the convivial rules, sexual minorities that distune from the moral, ethical and religious standards of "normality" still remain on the social margin. Dealing specifically about the transgenders, these individuals, besides suffer social rejection, for being taken by many as an "aberration", are faced with they own rejection, because they feel themselves trapped in a "foreign body". They are sexually individuals identified at birth by their anatomical characters, but they have their biological sex settings incompatible with their gender identities. All this psychological and social problems of transsexuality has undoubtedly reflected in civil life, and the law needs to keep up with these changes, regulating in a pedagogical way about theme, as it involves the insertion of these individuals in the context of society and the affirmation of their own identities and concerns with the rights of personality, equality and human dignity, which are constitutionally protected and must be guaranteed to every individual. In this sense, this paper analyzes the right to self-determination of transsexuals, as it did not exist in Brazil specific law that protects the basic rights of these individuals and the legal and social consequences, which makes this theme be constant debates target in Power Judiciary of this country.