Transtorno de identidade sexual em adultos e justiça: laudo psicológico para mudança de prenome  / Transsexualism and justice: the impact of the psychological appraisal on forename change litigation


IBICT - Instituto Brasileiro de Informação em Ciência e Tecnologia




Transsexualism is defined as a desire to live and be accepted as a member of the opposite sex, usually accompanied by a sense of discomfort (or inappropriateness) with one\ s anatomic sex, and a wish to have surgical and hormonal treatment to make one\ s body as congruent as possible with one\ s preferred sex. This change triggers the need for legal adjustment of the individual through civil proceedings for change the legal name and sex/gender. This study\ s objective was to observe whether psychological appraisals may or may not influence the judicial decision, by the analysis of the judges\ sentences for the change of forename in transsexual men and women, whether or not they underwent reassignment surgery. We performed a sample study where we initially characterized the social and demographic variables of this population, and then we systematized the data found. The population studied, who presented a plea to change theirs forename at the civil register, was mapped from data of trial sentences. From this data we present a national profile of patients according to criteria for the processo transexualizador, the treatment as laid down by the Brazilian National Health Care System. We seeked our sample at the four centers licensed for the \"processo transexualizador\" (Ordinance 457 of the Brazilian Health Care Ministry, dated August 19, 2008). We have found 55 subjects which entered pleas for changes of forename and / or pleas for changes of forename and sex. This subjects should be registered patients or be monitored at these hospitals. We found a proportion of 9:2 male to female (MTF) and female to male (FTM) patients, this finding is similar to reports from the international literature (4:1). When we analyzed for outcome of the judgments, we found that 5.50% (three) cases were rejected. This three cases belonged to biological male gender and had not yet been submitted to surgery. We observed a association between surgery and plea for first name\ s change (p = 0.001). Only 10.90% (six) of the sentences analyzed mentioned the psychological appraisal, which was omitted in 82.10% (49) of the sentences. We also found that when the psychological appraisals were present they were not issued by professionals working at licensed centers, therefore these did not meet the criteria for the study. Our findings suggest that the psychological appraisals do not affect the judicial decision over the pleas for forename changes among transsexual patients and the prior execution of the reassignment surgery is associated to a higher success rate in the patients\ litigations


psychiatry cirurgia de readequação sexual bioethics bioética expert testimony forensic psychiatry gender identity identidade de gênero legislação e jurisprudência legislation &jurisprudence procedimento de readequação sexual prova pericial psicologia psiquiatria legal psychology sex reassignment procedures sex reassignment surgery transexualismo transsexualism sexual and gender disorders transtornos sexuais e da identidade sexual

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