Transexualidade: a cirurgia de redesignação sexual em face do princípio da dignidade da pessoa humana e suas repercussões civis no Brasil

Abstract

The topic of transsexuality is still a subject that raises hot discussions in the legal environment. The absence of legislation specifically protecting the rights of transsexuals is a major obstacle to the realization of constitutionally foreseen guarantees, such as the use of a first name corresponding to the gender identity of that group of persons who, in order to guarantee the right to have A name compatible with his appearance, must appeal to the Judiciary. As long as the situation of transsexuals is not properly regulated, judicial provision is the only way to obtain authorization to change name and gender in the civil registry. The Federal Constitution imposes on everyone, without distinction, respect for the principle of the dignity of the human person, a fundamental commandment of any legal system. The present study has the purpose of presenting an analysis of the main legal consequences of the legislative omission on the subject, with the scope of the civil repercussions resulting from transgenitalization, presenting some judicial decisions on the subject, aiming to demonstrate the evolution of legal thinking in the country. It will also present the main bills currently underway in Brazil, stressing the importance of normalizing this issue, since legal science must evolve following the new social demands that are presented, with the basic premise of the dignity of the human person.