The ways between existing and being: dilemmas for the legitimation of the right to health for the trans population in the state of Sao Paulo

• Grant number: 20/10340-7
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Effective date (Start): May 01, 2021
• Effective date (End): April 30, 2022
• Field of knowledge: Humanities - Sociology
• Principal Investigator: Agnaldo de Sousa Barbosa
• Grantee: Victor Vinícius de Moraes Rosa
• Host Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil

Abstract

The guarantee of individual rights in the Modern Constitutions has proved partially ineffective over the past few decades because it produced abyssal exclusions into the legal universe and created marginalities among minority social groups. Thus, there was an increase in lawsuits in search of materializing positive rights, making Judiciary a possible struggle space for social movements. When analyzing the Brazilian context, it is observed that LGBTQIA+ community was one of the groups responsible for promoting an expansion in legal mobilization, evoking individual and collective guidelines. Especially, it has beennoted an increase of lawsuits handled by transsexuals that seek anticipation of sex reassignment surgery under the National Health System, in face of a delay in public administration to guarantee the right to health for this population. Based on theoretical-methodological perspective Postcolonial studies and Queer theory, as well as the researches about legal mobilization and Judicialization of the right to health. This project will aim to analyze the answers delivered by the Justice system for the demands presented through the juridic mobilization by aportion of the LGBTQIA+ community, emphasizing the demands related to the requests of anticipation of guardianship of sex reassignment surgery by National Health System. So, starting with the movements emitted by the courts, the intent is to observe if the Law can act in as a counter-hegemonic trend and play like a dialectic "instrument of" the social change, across the recognition of the identity and values of the trans population, even in the cases when the anticipation of sex reassignment surgery is denied.