O direito civil e o constitucional à identidade transexual

• Autor(a) principal: DUTRA, Fernanda Paula de Souza
• Data de Publicação: 2021
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Digital Unicesumar
• Texto Completo: http://rdu.unicesumar.edu.br/handle/123456789/7273
• topic: Direito Civil; Direitos Humanos; Direitos da Personalidade; Identidade Transexual; Vida Digna; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

This article presented as object of study the verification of the strategic priorities under the Civil and Constitutional Rights regarding the psychic alleviation of the individual who complains the readjustment of his biological to psychological sex. The search for the regularization of the identity of the trans population is one of the new challenges, both civil and constitutional, for the advancement of the right to the identity of the transsexual, as a way of realizing the right to personality, as well as the emotional consequences of the long wait for the definitive exchange of the civil registry for going through extreme difficulties in facing the prejudiced factors in society. The text worries with raising two cases highlighted in society mainly with two aspects, the need for recognition and effectiveness of the Personality Law and the association of Human Law within the scenario of delay in the approval of these laws in Brazil. The situation of transsexuals is still on the margins of the law, there is an embarrassment of laws and acceptance by society, moved by the prejudice and the difficulty in accepting differences. In the cases that were investigated, it was evident that the Law, being Civil and Constitutional, needs to adapt to the advances in the field of Biology and Medicine, and that the social integration of the transsexual is a right it is the right of people, regardless of sexual pattern, to be able to seek their happiness and adaptation. The areas of law and the Brazilian jurisprudence are sensitive to the problem, demonstrating a strong resistance to the adjustment of the transsexual to society. Therefore, there is a need for greater reflection between what is authorized by the Federal Council of Medicine and the adequacy of identity by law, because even people make changes to the civil registry of “transsexual”, there is a long delay before reaching the constitutional order, hurting the patient's private life and intimacy in the search for a dignified life.