O TRANSEXUAL NA LEGISLAÇÃO BRASILEIRA

UMA ANÁLISE SOBRE A PROTEÇÃO NA ESFERA PENAL

Abstract

The present work aims to analyze the legislative evolution in relation to transsexuals, especially with regard to criminal legislation as a response to violence and crimes against life. Thus, the study begins by reporting the emergence of the term transsexual, passing through the understanding of psychology and medicine. Subsequently, the legislative evolution in the civil sphere will be faced in the guarantee of dignity, equality and citizenship and the paths that have been taken in the criminal sphere in order to protect against the increase in crimes against this gender, moving on to the analysis of judgments. of the superior courts, in particular the use of Law 11,340/06 and its extension of applicability to transgender women, ending with the study and arguments against and in favor of the application of Law 7,716/89 to transsexuals, through the understanding of the Federal Supreme Court. The methodology to be used is based on doctrinal sources, legislation, judgments, resolutions and research in texts that deal with the subject. Based on this, we seek to demonstrate how criminal legislation needs to bring greater protection to the transsexual, in order to achieve the Principle of Proportionality through adequate protection.