TRANSSEXUALS AND THE PRISON SYSTEM: THE ADEQUACY OF GENDER IDENTITY IN THE CRIMINAL SCOPE BY THE BIAS OF THE DIGNITY OF THE HUMAN PERSON

Abstract

This study sought to analyze transsexuals and the prison system: the adequacy of gender identity in the criminal justice system from the perspective of human dignity, with the aim of analyzing the right of female transsexuals and transvestites to serve their sentences in conditions compatible with their gender identity. For the development of this research, the deductive methodology was chosen to reach the final purpose, and this method was duly used together with exploratory, bibliographical and documentary research, especially through research into Brazilian criminal legislation, as well as normative guidelines and instructions related to the prison system, especially with regard to transsexuals and transvestites. The type of research used was qualitative, with the aim of demonstrating precisely, according to the understandings of the Brazilian legal system, what are the best solutions for transsexuals and transvestites to feel safe in the prison penal system. In short, it was possible to conclude that transsexual and transvestite prisoners face many challenges in the Brazilian prison system, and that there is no certain decision on this matter, where they can serve their sentences in female or male prisons in special cells.