Transsexuality, Biolaw and Family Law: A Valuation Need Private Autonomy

• Autor(a) principal: Oliveira, Ariete Pontes De
• Data de Publicação: 2015
• Outros Autores: Penna, Iana Soares de Oliveira
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Gênero, Sexualidade e Direito
• Texto Completo: http://www.indexlaw.org/index.php/revistagsd/article/view/988
• topic: Transsexuality, Biolaw, Family, Private autonomy; Transexualidade, Biodireito, Família, Autonomia privada

Based on the analysis of a real case, widely reported by the media in May 2015, in which the North American couple David (72 years), a retired lieutenant of the North American Air Force and Jonni (68 years) reported the story of your wedding, the present article analyzes some implications of transsexuality in family law. David and Jonni, have been married for 49 years and report its history before and after David's decision to undergo surgery to change sex and after changing its name to Angela. Even after facing such changes, the couple stays together, reports having an active sex life and do not manifest desire to put an end to the marriage bond. In view of this report, the question is: Would it be valid marriage after the sex change surgery? Is it possible to change the civil registration Angela? Was there any prohibition on the exercise of autonomy of this couple? Existing minor child, as in the case in question, a legal solution be any different? It seeks to answer these questions on the basis of constitutional principles and the Family Law and the private autonomy institute, analyzing it under the framework of the democratic rule of law and with the pillar to human dignity and pluralism.