Transexualidade: seus aspectos legais e a análise da necessidade de reconhecimento social. (original) (raw)

Abstract Due to a constant evolution of gender and sexuality, as well as the fact of the existence of a social development in order to protect the differences and minority groups that require protection from the state and also a full social recognition, it became necessary to verify the importance of researching about transsexuality, still considered a disease (transsexualism) by the International Classification of Diseases - ICD (10 F 64.0) and its legal aspects, seeking still to defend the need for a depathologization of transsexuality as well as reducing the bureaucracy as access to care for the realization of transgenitalization and subsequent steps to surgery. Nevertheless, it is also necessary to have a deeper study about the legal aspects that show up as issues once transsexuality, regardless of the occurrence of transgenitalization, has its reflections that arise in society and law creating situations that have not been legally regulated, but yet need a plausible answer to guarantee the fundamental rights of any individuals regarding the respect for their gender and sexuality. Issues such as civil registration, as the change of first name, the possibility of creating social identity, marriage, civil union, filiation and other issues linked to transsexuality remain without legal support to solve concrete problems that stems from a factual situation in which it is possible to come across with transsexuals who lose their dignity because of laws, often biased or outdated, which may no longer represent the social modernity concerning the transsexuals’ rights. Thus, it can be said that society cannot close eyes legally and socially towards this situation, that demands strong action and devoid of a negative axiology of the judiciary and society, which by doing so, society would not acting with a correct response to a constant evolution of social rights and guarantees of the transsexuals. Key words: Transsexuality. Recognition. Depathologization. Regulations. Debureaucratization.