RIGHT TO GENDER SELF-DETERMINATION AND SEXUAL REASSIGNMENT

Abstract

The study deals with the right to gender self-determination and its non-linkage to the need for sexual reassignment to change the name and gender on the birth certificate. Faced with the obstacle of the Public Records Law and the new negotiations imposed with Direct Unconstitutionality Action 4277/Federal District, to change the name, a debate arises between doctrine and jurisprudence involving the right to gender self-determination. The general objective is to verify whether the right to gender self-determination implies the need for sexual reassignment surgery. The methodology is supported by the deductive method, based on the analysis of theories and general concepts using doctrines, laws and jurisprudence. Regarding the results, it is pointed out that in the case of regret or “detransition” of the person who requested the change of name and gender, it is concluded within the same parameters as the initial request, returning to the previous situation. The conclusion was reached, considering the doctrine and jurisprudence, that the mandatory sex reassignment surgery as a requirement to change the name violates an inherent right of the individual, that is, the right to personality linked to gender, to be able to be whoever he wants.