CONSIDERATIONS ON THE RETIREMENT OF NON-BINARY PERSONS IN THE GENERAL SOCIAL SECURITY REGIME - RGPS FOCUSED ON TRANSGENDER

Abstract

The present work has the objective of studying the effectiveness of the current model of granting retirement to transsexual people, realizing if this benefit is provided in a way that is compatible with the gender identity of these individuals; while, at the same time, improvements are proposed in the current mold having as a paradigm, the current special pensions of the General Social Security System. The fact is that transsexuals are people with rights, civilly capable and holders of all the unfolding of the legal guarantees of the person, mainly human and fundamental rights of the Constitution. On this occasion, social rights are mentioned, of which the focus will be on social security. Considering that the Brazilian social security system adopts the binary system of gender: male and female, as a rule for the retirement of its policyholders, there may be cases in which trans people do not consider themselves in the face of their psychological characteristics, given that these differ from this definition. standardized. Therefore, to achieve the presented desideratum, a bibliographic review of bibliographic, qualitative, inductive review was used to analyze and compare the data found in books, scientific articles and specialized journals. Subsequently, with the help of the conceptual fundamentals on the topic addressed, a new more inclusive model is proposed for granting the benefit that is compatible with the needs of this part of the population.