Sistema prisional e transgêneros no Brasil: um debate necessário

Abstract

This monography aims to reflect the problems in detention of transgender people in Brazil. For this purpose, initially, we face the difficulties of classification and determination of the object of study. This fact highlights the importance of analyzing the phenomenon of the gender binary pattern, emphasizing the reflections of Judith Butler, and the limits of this categorization since this standard justifies and defines the stigmas against those who are fleeing from the gender binary pattern, which makes the inclusion of transgender individuals in the western penitentiary system more complicated and doomed to repeated violence and discrimination. To finer grasp the subject, we approach the Yogyakarta’s Principles, already used to support a decision of the Brazilian Supreme Court, seeking to better debate, respect and unify the rights of this group of people regardless of their gender identity, including, expressly, the situation of transgender inmates. Still, we observe the prison praxis measures being adopted in other western legal systems in order to achieve a better understanding of the phenomenon in Brazil, specifically the U.S. and Italy. Last, but not least, having as parameter all theoretical, legal and practical framework raised, we intend to analyze the situation of transgender inmates in the Brazilian legal system more broadly, noting both legislative attention given to the subject and actions adopted in Brazilian prisons. To perform this necessary debate about the situation of the transgender inmates, we did, in the methodological point of view, a qualitative, exploratory, and jurisprudential literature search, with the purpose, in the future, to provide a penitentiary policy more effective, which respect the dignity of the transgender people and avoid practices of disrespect and violence against these individuals.