A transexualidade e o seu reflexo no direito previdenciário brasileiro em face da adoção legislativa do critério binário para concessão dos benefícios de aposentadoria

Abstract

The way retirement pensions are currently granted in the Brazilian Social Security System no longer reflects the gender diversity that exists in society. The binary criterion used by social security legislation (male-female) does not cover transsexuals, who participate in the labor market and also retire. Thus, such circumstances make the procedure for granting retirement to transsexuals difficult and time- onsuming. However, the very subsistence of the reasons that led to the creation of a differentiated criterion for the genders covered by the law is controversial. Given this context, the work presents, through bibliographic research, data presentation and case study, theories that seek to explain the origin of transsexuality, as well as some of the advances already achieved by transsexuals over time at national and international level, although it is known that there is still much to be done. The work also seeks to expose the solutions already presented by the doctrine for the referred normative gap in the social security law, carrying out the due considerations between these and the constitutional precepts related to gender identity and autonomy of the will, in order to recognize the one that best reveals itself as the most appropriate to the topic in question.