INTERVENÇÕES CIRÚRGICAS PERFORMADAS EM RECÉM-NASCIDOS INTERSEXUAIS: UMA ANÁLISE DOS DANOS AOS DIREITOS DA PERSONALIDADE

Abstract

The present study addresses the early performance of “sexual normalization” surgeries in intersex neonates as a damage to personality rights, in the civil sphere. Therefore, through the dialectical method, analyzes the construction of the binary gender system and the invisibility of intersexuality, as well as the standard medical management in cases of birth of children with “ambiguous” genitalia. After the study, it was noticed that the damage to intersexes emerge when stead of the adequate posture of support, information and counseling, surgeries, which are often unnecessary and involve arbitrary decisions, cause irreversible damage to the personality rights – mainly those related to the body, autonomy and the construction of identity - in the civil sphere and consequently to human dignity, in the constitutional field. That said, it is imperative the elaboration of a specific protective legal tutelage that mainly encompasses a new paradigm of respectful management of intersexuality.