The Tortuous Path for Changing Name and Gender: The Challenges Faced by Transgender People in Brazilian Courts

22 Pages Posted: 9 Jan 2018 Last revised: 23 Mar 2018

See all articles by Maria Cecília de Araujo Asperti

Maria Cecília de Araujo Asperti

São Paulo Law School of Fundação Getulio Vargas FGV DIREITO SP

Marina Gonçalves Garrote

University of São Paulo (USP)

Matheus Caetano Tocantins

University of São Paulo (USP)

Date Written: January 8, 2018

Abstract

This article analysis data collected by GEDS (Grupo de Estudos em Direito e Sexualidade), of the University of São Paulo, related to the adjudication of name and gender alteration for trans people in Brazilian courts. Our focus was to understand the obstacles faced by these plaintiffs as they try to navigate a system where symbolic injustices and inequalities reverberate in many ways. It stands out that trans people face various hardships to access legal service and the courts, but once inside the system, they continue to endure other procedural injustices, such as being treated by their birth name and gender and having to go through humiliating discovery procedures, while also dealing with the ambiguous role played by the public prosecutor.

Keywords: access to justice, transsexuality, gender, civil procedure, civil registry

Suggested Citation

de Araujo Asperti, Maria Cecília and Gonçalves Garrote, Marina and Caetano Tocantins, Matheus, The Tortuous Path for Changing Name and Gender: The Challenges Faced by Transgender People in Brazilian Courts (January 8, 2018). FGV Direito SP Research Paper Series n. 158, Available at SSRN: https://ssrn.com/abstract=3098368

Maria Cecília De Araujo Asperti (Contact Author)

São Paulo Law School of Fundação Getulio Vargas FGV DIREITO SP ( email )

R. Rocha, 233, Bela Vista
São Paulo, 01330-000
Brazil

Marina Gonçalves Garrote

University of São Paulo (USP) ( email )

Rua Luciano Gualberto, 315
São Paulo, São Paulo 14800-901
Brazil

Matheus Caetano Tocantins

University of São Paulo (USP) ( email )

Rua Luciano Gualberto, 315
São Paulo, São Paulo 14800-901
Brazil

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