Adoção do nome social pela população transgênera: uma análise do processo histórico da conquista do direito à isonomia de gêneros

Abstract

The present study, through a deductive approach, using the qualitative method and the exploratory research in relation to the bibliographical, doctrinal, legislative and jurisprudential survey, intends to make an analysis about the historical process of the conquest of the right to the isonomy of genres. Thus, in light of the performative concept of gender and the critical deconstruction of heteronormativity and the binary system of genera made by Butler, it will be discussed about the importance of being recognized the self-defined gender identity. Next, we will discuss the de-characterization of gender incongruity as a psychological disorder of identity, about the availability to society by the Unified Health System of the "Transexualizador Process", about the debureaucratization of the sexual reassignment surgery and the possibility of use of the social name. In addition, it will be pointed out that the progress made in the consolidation of sexual rights is constantly marked by ambivalence and that, despite the fact that many steps have already been taken to materialize the constitutional and infraconstitutional rights of the transgender population, this progress is often accompanied by exclusion and discrimination. Finally, through the analysis of the jurisprudential evolution of the higher courts, it will be verified that considering the normative force of the constitutional principles, mainly the principle of the dignity of the human being, foundation of the Federative Republic of Brazil, and the Guidance published by the Court American Court of Human Rights, seeking to promote the realization of fundamental and personal human rights, ensured the possibility of changing the name and gender directly in extrajudicial services. Nevertheless, it will be observed from the analysis of the biography of a transsexual that in practice, this population is still victim of the most varied forms of violence, that repeatedly deny their rights, demonstrating the existence of a great obstacle that still needs to be transposed.