Transgeneridade no ordenamento jurídico brasileiro: os desdobramentos do “cistema” binário na concessão de benefícios previdenciários

Abstract

This article examines the binary gender system which has been adopted by the Brazilian Social Security in the grant of certain types of social security benefits. Under the grounds of the distinction made between men and women, it is intended to analyze which procedure should be adopted regarding the self-identified as transgender people who are Brazilian Social Security insured too. Since that the judgement made by the Brazilian Supreme Court during the Direct Lawsuit of Unconstitutionality (ADI) 4275, a specific type of judicial review procedure that exists in federal range in Brazil to guarantee the observance of the Brazilian Constitution, has decided that these people have the right of rectifying their own first name and gender entries in Brazilian civil registry without needing to make the gender reassignment surgery, it is set up the importance of examining the impacts caused by this decision in other spheres of law, such as the social security one. That way, it is intended to make an approach of the legislative omission and the judicialization of rights about this theme. To reach this objective, it will be used the hypothetical-deductive method and the bibliographic research and also it is aimed to seek other possible solutions to be adopted by the system of Brazilian Social Security.