CRIMINAL LAW AND GENDER IDENTITY: CHALLENGES IN CLASSIFYING TRANSPHOBIA CRIMES IN BRAZIL

Abstract

This work analyzes the relationship between constitutional rights and the reality experienced by transgender people in Brazil, highlighting the need for legislative equity to address historical and structural inequalities. Formal equality, provided for in the Constitution, has not been sufficient to guarantee dignity and effective protection for the trans population. The research discusses the multiple forms of violence suffered by these people and the lack of official data that makes it difficult to create adequate public policies. The STF's decision in actions ADO 26 and MI 4,733 is also analyzed, which recognized the legislative omission and began to classify homotransphobia and transphobia as forms of racism. Although important, the measure is considered temporary, highlighting the urgency of specific criminal legislation. The methodology used is bibliographic and documentary. It is concluded that guaranteeing justice and citizenship to the trans population is a constitutional requirement that demands concrete and integrated actions from public authorities and society.