Análise sobre os direitos de pessoas transexuais no sistema jurídico brasileiro em relação as normas internacionais

Abstract

Brazilian legislation regarding the rights of transgender and transgender people survives through resolutions and decisions in the higher courts, of which they represent the minority of judicial decisions. That said, this research aimed to examine and contrast Brazilian legislation against international conventions, in order to verify whether the national legal system is in accordance with the international community. For that, the methodology assumed an exploratory character, having the literature review in national and international databases. Articles published on the following sites were analyzed: Scielo, Google Scholar oe RDU (Repositório Digital Unicesumar), with the inclusion criteria articles published in the last eight years (2012-2020), and as exclusion criteria articles that were published in years inferior to the 2012 and also articles that were not aligned with the theme. It was found that in the Brazilian legal context there is a serious legislative omission of the rights of transsexual people, while in analysis with the international context, the country is out of date in terms of legislation. This study became estimable due to its social relevance in the contemporary context of gender discussion, in which it can point out the scarcity of Brazilian legislation.