A disciplina jurídica da transição de gênero, à luz da Portaria n° 2.803/13 do Ministério da Saúde e da Resolução nº 2.265/19 do Conselho Federal de Medicina, e o princípio da dignidade da pessoa humana no Brasil

Abstract

The present work aims to analyze whether the current legal discipline on the gender transition in Brazil is in accordance with the principle constitutional principle of human dignity. In this regard, a brief analysis of concepts and categories that involve the theme of transsexuality in and in the midst of the Brazilian historical-cultural context, seeking to understand the problems and difficulties faced by transgender people, in order to to verify if the regulatory mechanisms concerning the gender transition are capable of to guarantee an existential minimum and meet the basic needs of this group in to ensure its survival. In this perspective, a study will be carried out to assess the relationship between gender transition and the principle of human dignity human, such analysis will be carried out through the study of Ordinance No. 2.803/13 of the Ministry of Health and Resolution No. 2,265/19 of the Federal Council of Medicine in order to verify if these are capable of filling the legislative gap regarding this theme and also to ensure the existential rights inherent to the human person to transsexual population, safeguarding the means to make possible the development full of these individuals at the individual and collective level