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
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
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