THE LEGAL ANALYSIS OF THE RETIREMENT OF TRANSSEXUALS

Abstract

The present work aims to address the issues of jurisprudence aimed at legal analysis in granting the retirement of transsexuals. In view of this, the direct action of unconstitutionality 4.275 of March 1, 2018 and Provision No. 73 June 2018, is one of these achievements, which guarantees the use of the social name,  the recognition of gender of transvestite people and Transsexuals in the context of direct public administration, which introduces a possibility in the struggle for social equality in this group of people. Thus, the present study brings as its problem from the questioning from the legal perspective, what are the implications for granting retirement to transsexuals? To answer the question, the work aims to present the possible legal implications for the granting of retirement of transsexuals. It brings as well as specific objectives of addressing the normative principles of social security and universalism in the constitution of 88 as a fundamental right; transsexuality concepts and; Evidence the situation of transsexuals in Brazilian social security, evaluating the law and jurisprudence regarding the granting of benefits. For the construction of the study, it was opted for bibliographic research, with information search for academic google and using materials such as books, articles, laws and other official sources.