Crianças trans existem : aspectos jurídicos sobre o uso dos bloqueadores hormonais nas pessoas transgênero impúberes

Abstract

Trans children exist! Based on this premise, this dissertation discusses the issue of prepubescent transgender individuals and the legal aspects of the use of hormone blockers, considering it to be a reversible therapeutic treatment. From this perspective, the present work is based on the following problem: “Can prepubescent transgender individuals use hormone blockers, given that their effects are completely reversible, and that this hormonal suppression is a therapeutic treatment?” To answer the research problem, the four pillars of sexuality were addressed: sex, gender, sexual orientation, and gender identity. In this context, the discussion delves into gender identity, encompassing the transsexualization process, aiming to establish a debate about the use of hormone suppressors by prepubescent transgender individuals, considering that we refer to a therapeutic treatment, in addition to the fact that the effects are completely reversible. Seeking legal support, both nationally and internationally, to substantiate the existence, respect, and protection of transgender people, a genealogy of the most commonly used terms and concepts in the field of sexuality and its ramifications was traced, in order to structure a discourse defending human rights on a global level, and the fundamental rights of people on a national level. Thus, the specific objectives of this work were: to understand sexuality and its nuances; to identify the right to sexuality as a human, fundamental, and personality right; and to recognize the right to exist of transgender individuals who have not yet reached puberty. The methodology employed has a qualitative approach, emphasizing the subjective factor of the subject – prepubescent transgender individuals – and the object – the possibility of hormonal suppression at the onset of puberty as a fully reversible therapeutic treatment – of study, without expecting a specific result. In terms of nature, it has an extended approach, seeking to find a solution to the problem, in the sense of allowing the use of hormone blockers, regardless of age criteria, considering the puberty of each individual. The types of research used were: a) exploratory; b) descriptive; and c) explanatory. Regarding procedures, bibliographic research was used, with the scientific and academic production of various authors as the primary sources of analysis. Concerning theoretical guidelines, a deep analysis of human rights and fundamental rights was necessary, not only in the conceptual sense but also in the structure, principles, and existing theories, to analyze sexuality as a personality right. As a methodological basis, the deductive method is applied, starting from a broader premise to reach a smaller one, allowing results to be achieved. Finally, it was concluded that the argument of the incapacity of prepubescent individuals cannot be used to prohibit hormonal suppression, as we are dealing with a therapeutic treatment, and the Constitution of the Republic, in its article 227, states that children and adolescents have absolute and priority protection. Transgender children and adolescents exist, and the prohibition of hormonal suppression occurs merely due to societal prejudice, not due to medical parameters.