Banca de QUALIFICAÇÃO: MARIA LUÍSA MACHADO DANTAS DE SENA

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : MARIA LUÍSA MACHADO DANTAS DE SENA
DATE: 25/03/2024
TIME: 17:00
LOCAL: Ambiente virtual
TITLE:

TRANS CHILDREN AND TEENAGERS IN BRAZIL: RECTIFICATION OF BIRTH CERTIFICATE CONSIDERING HUMAN RIGHTS

KEY WORDS:

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

PAGES: 73
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

After the 27th edition of the “LGBT+ Pride Parade” on June 11, 2023, in São Paulo, social networks were taken over by comments about the “trans children's group”, an expression used to refer to a group of families of children and transgender teenagers, united by the NGO “My Trans Child”. At the time, the families adopted a battle cry: “Being trans is a right. Our children need respect.” Some of the rights claimed by the NGO are: the reception and dignified treatment of their children in the school environment; access to health services and rectification of name and gender in the birth certificate. However, Brazilian legislation only allows the modification of civil registration, directly at the registry office, by trans people of legal age, leaving no alternative for trans children and adolescents other than the judicial route. Therefore, this research aims to verify how to guarantee the rectification of the civil registration of transgender children and adolescents in Brazil, considering all the 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 (ISPHR). To this end, it will be necessary to examine the concepts of sex, gender, sexual orientation and gender identity related to the topic, relying mainly on the Judith Butler and Berenice Bento concepts; identify international human rights legal instruments for the protection of transgender children and adolescents, with emphasis on the Convention on the Rights of the Child (1989), the Yogyakarta Principles (2006) and Advisory Opinion No. 24/2017, of the Inter-American Court of Human Rights (IACHR); analyze the Brazilian protection of human rights regarding transgender children and adolescents, considering the provisions of the 1988 Federal Constitution and the Child and Adolescent Statute (CAS); and understand the medical and psychological perspective regarding the gender identity of trans children and adolescents in Brazil. This time, 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. Therefore, the study aims to demonstrate how to guarantee the change of name and gender in the birth certificate of trans children and adolescents in Brazil, considering the human rights, since there is no specific legislation in the country, nor consolidated jurisprudential in this matter.

COMMITTEE MEMBERS:
Presidente - 3229333 - ERICA VERICIA CANUTO DE OLIVEIRA VERAS
Interna - 1259912 - RENATA OLIVEIRA ALMEIDA MENEZES
Interna - 1657901 - YARA MARIA PEREIRA GURGEL