ENSAIO SOBRE O ENCARCERAMENTO DE TRANSGÊNEROS NO BRASIL

Abstract

Considering the scarcity of effective criminal policies capable of ensuring decent treatment during detention, this article aims to address from a legal point of view the different positions on the incarceration of the LGBT community in Brazil, especially transgender people. As this is a little discussed subject and does not carry with it great repercussion in the media, it was seen the possibility of clarifying the issues raised with the intention not only that the theme be standardized and become a directive for the compliance procedure the penalty, but also in order to observe the postulates established in our Charter and International Conventions on Human Rights, thus avoiding violations of rights. However, there is no denying that it is still far from what is considered ideal, that is, giving all citizens the full enjoyment of their most intrinsic rights. Built on a binary logic of separation by gender, in which masculinity is exalted, the prison system tries to suppress the identities of those who are alien to the imposed standardization, subjecting them to the most diverse forms of violence and violations of rights. Abandoned by the State and society, these individuals seek, in the midst of their own frailties, the necessary strength to reaffirm the right to be who they are. Thus, it is possible to conclude that the right guaranteed to transsexual people by Joint Resolution No. 1, of the National Council for Combating Discrimination, based on the systematic adopted by the international system for the protection of human rights, not only gives States the obligation to implement efficient criminal policies, but it is also capable of giving these people the hope of freeing themselves from discriminatory behavior and that they respect human rights, even if they are not free in fact and in law.