O reconhecimento jurídico das mulheres trans: abordagem, violência e direitos humanos no sistema judiciário

Abstract

The denial of full recognition of the gender identity of transgender women within the judicial and police spheres constitutes a form of symbolic and institutional violence. To discuss this issue, this work uses as a reference the case study of a transgender woman who was a victim of domestic violence perpetrated by her partner, whose gender identity and social name were disregarded in the police investigation report. The refusal to validate gender identity, especially through the non-use of the social name, reinforces institutional practices that, although appearing legally legitimate, reproduce inequalities and power hierarchies, compromising access to justice and violating international commitments undertaken by the Brazilian State. Although the Domestic Violence Court granted a protective measure based on the Maria da Penha Law, demonstrating some progress in legal protection, the disregard for gender identity in the police sphere reveals the fragmentation of the justice system and the lack of uniformity in guaranteeing rights. This difference in institutional treatment indicates that the recognition of the citizenship of transgender women may be conditioned by the legal space in which state action occurs, revealing the existence of symbolic territories of power and exclusion. The marginalization of the victim reflects the persistence of a cis-heteronormative logic rooted in institutional structures, which produces invisibility, revictimization, and helplessness. The lack of adequate training and prejudice on the part of public agents contribute to the normalization of discriminatory practices and to the alienation of victims from reporting and protection mechanisms. Thus, the disregard for gender identity goes beyond mere bureaucratic error, constituting a denial of the social, political, and legal existence of the person. It is concluded that the effective realization of full citizenship for transgender women requires more than isolated normative advances, demanding the transformation of institutional culture, the continuous training of public servants, and the implementation of protocols that ensure full respect for gender diversity within the justice system.