Parâmetros para estipulação dos requisitos da aposentadoria programada do RGPS para os transgêneros

Abstract

The theme of this research is based on the study of parameters for stipulating the requirements of the programmed retirement of the General Regime of Social Security (RGPS) of transgender people. It is considered that the social security legislation, when dealing with retirement and contribution time, in addition to other cases, uses requirements based on a binary conception (man/woman), associated with the morphological sex, ignoring individuals who identify themselves with the opposite gender to the one of birth. The general objective of this study is to analyze which criteria should be used to grant the social security benefit to the insured transgender person and, to do so, it is necessary to research the conditions of transgender people in society, such as life expectancy and quality of life, violence, obstacles in the job market; to examine the path taken until the recognition of the possibility of changing the name and gender of transgender people directly in the civil register, a result of the judgment of the Direct Unconstitutionality Action (ADI) 4275 by the Federal Supreme Court, and to delineate which are the grounds that led to the legislative adoption of the differentiated treatment between men and women in the concession of retirements in the General Social Security System. Thus, the study was structured by means of the deductive method and the research technique used was bibliographical and documental. It will be shown that transgender persons should retire observing the rules pertinent to the gender in which they identify themselves, aiming to guarantee the principle of human dignity.