O discurso de gênero e os direitos da personalidade: uma análise da aplicação da Lei Maria da Penha para mulheres transexuais não operadas e sem retificação de dados no registro civil

Abstract

The analysis of the applicability of the Maria da Penha Law to non-operated transgender women, without rectification of their data in the civil registry, demands a multidisciplinary approach, considering both legal and social aspects of extreme relevance. From a legal perspective, the Maria da Penha Law was conceived as a specific legal instrument to combat domestic and family violence against women, recognizing gender inequality as a structural and systemic issue. However, its enforcement for non-operated transgender women, whose gender identity does not align with the designation of their assigned sex at birth and who may not have proceeded with the rectification of their data in the civil registry, raises questions regarding the scope and adequacy of the normative framework of the aforementioned legislation. In this context, gender identity emerges as a crucial element, not only for the characterization of the victim but also for a broader understanding of social dynamics and challenges faced by the transgender community. The systematic marginalization and discrimination experienced by transgender women delineate a social context in which the application of the Maria da Penha Law to this minority group requires a sensitive and thorough analysis. The absence of rectification of data in the civil registry to reflect the self-declared gender identity of the transgender individual can exacerbate the legal and social vulnerability of these women, increasing the likelihood of facing situations of domestic and family violence. The mismatch between the experienced gender identity and the legal documentation may, moreover, limit these women's access to resources and protections established by the Maria da Penha Law, thereby compromising the effectiveness of the legislation in providing a safe and supportive environment for all women. In the meantime, a critical analysis of public policies and the legal system reveals the pressing need for a more inclusive and sensitive approach to gender issues, promoting equality of rights and effective protection for all individuals, regardless of their gender identity or socioeconomic status. The implementation of measures that recognize and respect the diversity of gender experiences and identities is essential to ensure justice and equity in the legal and social spheres.