Banca de DEFESA: MARIA LUÍSA MACHADO DANTAS DE SENA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : MARIA LUÍSA MACHADO DANTAS DE SENA
DATE: 30/07/2024
TIME: 15:00
LOCAL: Ambiente virtual ( https://meet.google.com/zdx-wmri-ovs )
TITLE:

TRANSGENDER CHILDREN AND TEENAGERS IN BRAZIL: BIRTH CERTIFICATE RECTIFICATION BASED ON HUMAN RIGHTS

KEY WORDS:

Transgender; trans children; gender identity; human rights; birth certificate.

PAGES: 178
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

Brazilian legislation allows the rectification of the first name and gender in the civil registry of transgender people, through administrative means, only for those over 18 years of age, leaving no alternative for trans children and adolescents other than the judicial route. However, despite the success of some reported cases, there is no guarantee as to the validity of the request. Therefore, this research aims to verify how to guarantee the rectification of the civil registration of transgender children and adolescents in Brazil, in light of human rights. It will be based on the hypothesis that such a change is possible based on the Global System and the Inter-American System for the Protection of Human Rights (SIPDH). To do so, it will be necessary to examine the concepts of sex, gender, sexual orientation and gender identity related to the topic, relying mainly on the concepts of Judith Butler and Berenice Bento; identify international human rights legal instruments for the protection of transgender children and adolescents, with emphasis on the American Convention on Human Rights (1969), Convention on the Rights of the Child (1989), Yogyakarta Principles (2006) and Advisory Opinion no. 24/2017, of the Inter-American Court of Human Rights (IDH Court); analyze the Brazilian protection of human rights regarding trans children and adolescents, considering the provisions of the Federal Constitution and the Child and Adolescent Statute (ECA); and understand the medical and psychological perspective regarding the gender identity of trans children and adolescents in Brazil. In this sense, the hypothetical-deductive approach method will be adopted, as well as historical, functionalist and structuralist procedural methods. As research techniques, documentary and bibliographical research will be used, with analysis of jurisprudence from the IDH Court (cases Atala Riffo y niñas vs. Chile, Duque vs. Colombia, Vicky Hernández y otras vs. Honduras) and ADI 4275, from the Supreme Federal Court (STF). The study aims to demonstrate how to guarantee the change of first name and gender in the civil registry of trans children and adolescents in Brazil, in light of human rights, since there is no specific legislation in the country, nor consolidated jurisprudential understanding.

COMMITTEE MEMBERS:
Presidente - 3229333 - ERICA VERICIA CANUTO DE OLIVEIRA VERAS
Externa à Instituição - GRASIELLE BORGES VIEIRA DE CARVALHO
Interna - 1259912 - RENATA OLIVEIRA ALMEIDA MENEZES