Direitos e garantias constitucionais do transexual: direitos sociais, seguridade e previdência social

Abstract

This article aims to discuss the constitutional rights and guarantees of the transgender person, and their reflection in the social security field. This study is developed in a qualitative way, through the deductive method, as well as, or comparative method. This is descriptive and exploratory research using bibliographic and documentary sources. Understanding about biological sexuality, a gender identity and differences between cisgender, transgender, transgender, transvestite and non-binary people, as well as, explains a battle of the trans person in search of depatolization of transsexuality, after 28 years of struggle was removed from the ICD 10 , role that classifies as transsexual as mental illness, then being used as ICD 11, titled by gender incongruity. The constitutional rights and guarantees of trans persons are understood, since the Brazilian legal system does not allow the law that specifies the guarantee, as well as the judgment that makes it possible to change the name and gender in the civil registry through administrative means, without necessary as a requirement for sex change surgery, as well as the necessary requirements for this type of surgical procedure to be performed. In the end, no preceding field understands that although there have been several advances in Brazil on the topic of transsexuality, much remains to be achieved, since it does not have the specified law, or the transsexual who seeks to retire after a gender change. challenges, having often sought the judiciary to resolve conflicts.