Os efeitos da alteração de gênero e Forças Armadas brasileiras
Necessidade de adequação ao núcleo axiológica constitucional
Bibliographic Data
| ID | 21804249 |
|---|---|
| Authors | Renato Horta Rezende (0000-0002-4666-6903, Universidade de Brasília), Ribeiro Robson |
| Year | 2020 |
| Volume | 13 |
| Issue | 18 |
| Publication date | 2020-04-14 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Misión Jurídica (JOURNAL) |
| Journal identifiers | ISSN: 1794-600X • E-ISSN: 2661-9067 |
| Publisher | Colegio Mayor de Cundinamarca (PUBLISHER) |
| DOI | 10.25058/1794600x.1706 |
| OpenAlex | W3039512936 |
| Language | PT |
Given the conceptual and classificatory evolution of transsexuality in the medical sciences and the development of the matter also in law, it remains to be observed what the legal treatment conceived by the Brazilian Armed Forces is to the soldiers or their transgender dependents. Faced with the problem, a hypothesis was investigated that considers any suspension motivated exclusively by transsexuality as invalid under the fundamental and objective rights of the 1988 Republican Constitution, regardless of the time when the change of gender was registered due to its declaratory nature. This also impacts the benefit granted on the binary criterion (male and female) to dependents. The research had its as theoretical reference the 1988 Constitution of the Republic, having been executed through the hypothetical-deductive method, primarily with bibliographic surveys, articles, theses, dissertations, laws and court decisions. The hypothesis initially presented has been confirmed
| Highly cited | No |
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