Os reflexos da alteração de gênero na concessão de benefícios previdenciários

Abstract

The present work aims to study the themes that are relevant to the social security regulation of the transsexual population in Brazil. The adequacy of the legal order of the new hypotheses that arise with the advancement of society is a matter of extreme relevance. The so often disgusted prejudice infests the approach to rights that diverge from the standard, as occurs in the case of transsexuals, who have an internal feeling of not identifying with the biological gender, and for this reason, often do not find support in Brazilian legislation for their rights. There is, therefore, a need for a technical analysis regarding the impacts of gender change,especially in Brazilian Social Security Law, which, currently, is guided by a binary Social Security system, which considers biological gender to grant some benefits, that has been neglecting the hypotheses that deviate from the initially predicted pattern. Therefore, there is a need for regulation capable of considering equitably those insured persons who may have contributory periods in the biological and in the reassigned genre, to guarantee the rights of these minorities.