GENDER SELF-DECLARATION IN THE BRAZILIAN PRISON SYSTEM: LEGALLIMITS AND IMPACTS ON FEMALE PRISON SECURITY

Abstract

This article analyzes the implementation of gender self-declaration in the Brazilian prison system, focusing on legal limits and impacts on security in female units. The research problem lies in the conflict between the fundamental right to gender identity and the preservation of the physical and psychological integrity of custody cisgender women. Objectives include verifying the constitutionality of transfers based on self-declaration and studying the recent jurisprudence of the Supreme Federal Court. Qualitative bibliographic review and documentary analysis methods are used to support the conclusions presented at the end. It is observed that, although human dignity requires respect for identity, the absence of objective criteria creates gaps in national prison risk management. It is concluded that legal security depends on the harmonization between the rights of the LGBTQIA+ population and the protection protocols for women.