Direitos de personalidade e transexualidade: a promoção da dignidade da pessoa humana em uma perspectiva plural




Since the advent of the Constitution of 1988, there has been a reformulation of the role of the person, who starts to occupy the center of the system. This movement had consequences which spread out through the entire juridical system. In this context, the transsexuals, people who do not identify with their own biological sex, need to find their space, and in order to do so, it is necessary to understand that what is related to sex and sexuality cannot be reduced to a simplified biological view. However, socially, who does not fit in with the binomial male/female is predestined to rejection, discrimination, exclusion, which is paradoxically contrary to the existing sexual diversity. In a society that insists on dual bets, in which prevails prejudice and consequently social exclusion, recognizing plurality and diversity is the indispensable condition to promote dignity. Surgery and the possibility of sex reassignment are ways to the recognition of this dignity. The principle of human dignity constitutes a value that unifies all fundamental rights concerning the most elementary demands of human life. Dignity finds its roots within the person, and consequently it is not attributed only through judicial ruling. The post-1988 constitution concept of person acquires a new meaning, capable of holding the demands of a diverse and plural context. The emergence of constitutional principles generated the constitutionalization of civil law which is closely related to re-personalization phenomena that imply thinking the person as the center of the juridical system. The general clause of guardianship and promotion of the person is extracted from the principle of dignity, pointing to the recognition of a general guardianship. For the present study, the rights of personality presuppose the subject of rights as person. The resulting rights represent conditions of the very human existence as person. The transsexuals intentions of assuming their psychic sex, through sex reassignment surgery, and altering their name and sex in the civil registry as well, is based on the actual constitutional system. Consequently, the rights resulting from the personality turned out to be indispensable to social coexistence, and it cannot stay apart from the judiciary power simply because of lack of infra-constitutional legal text.


constitutionalization dignity direito registro civil direitos de personalidade transexualidade constitucionalização transsexuality civil register rights of personality sexo dignidade sex

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