A inexistência do dever jurídico dos transgêneros de informar sua identidade de gênero aos cônjuges ou companheiros e suas implicações jurídicas

Abstract

Given that social discussions about transsexuality have become the agenda of national media viewing, as well as the need to deconstruct and dispel any kind of prejudice, this research about the supposed existence of the transgender's duty to inform their spouse or partner of their gender identity, has as final goal to defend the nonexistence of this duty when is it in comparing to exercising their right to intimacy. Therefore, it is necessary to clarify the concepts that involve sexuality and gender identity, classify the gender identity as a very personal right, comment on the lack of implementation of transgender rights in Brazil and the evolution of family law and make a balance between the right to intimacy and the rights of trust in marriage and in stable unions. For catching up this goal, is used a qualitative research and bibliographic procedure is performed.