Search

Current research analyzes the legislation and jurisprudential system with regard to requirements applied to transsexual people due to the differentiation in female and male genders for the concession of retirement, following the Constitution Amendment 103/2019, within the Brazilian retirement law reform. Research was undertaken through hypothetical and deductive methodology and bibliographic research on the law, administrative decisions, jurisprudence and specialized doctrine on the theme. Results show the need to give greater attention to the theme since the previdenciary system is insufficient to take off the stigma of law omissions so that transsexual people could have their rights guaranteed, without bias, with greater visibility and representativity in social issues. [ABSTRACT FROM AUTHOR]

Current paper analyzes the social right to health of transsexual populations and its efficaciousness in private relationships. The main points comprise transsexuality as gender identity, the theory of horizontal efficaciousness of fundamental rights, the horizontal efficaciousness of social rights. Research on deductive bibliography has revealed that the private sphere is not immune to norms inherent to fundamental rights and, consequently, they may be efficacious in relationships where the State is not present. The transsexual person's social right to health should take into account the characteristics of body and mind, acknowledged within the private sphere. [ABSTRACT FROM AUTHOR]

Current paper analyzes tutelage to the right to identity with regard to trans-sexual people. The concept and history of trans-sexuality is followed by an analysis of sexual identity and the right to have a sexual identity even though different from that initially transcribed on the birth certificate, as a confirmation of the right of the personality in each human being. A bibliographical survey is undertaken analyzing the doctrines on the theme in the Brazilian constitution and in decisions of Brazilian Courts. [ABSTRACT FROM AUTHOR]