A (des)consideração do gênero nas decisões do Supremo Tribunal Federal brasileiro sobre os direitos das mulheres trans

Abstract

Transgender women are victims of various forms of violence, a reflection of gender violence that operates as one of the roots that sustain structural violence and State crimes. The Brazilian Federal Supreme Court (STF) for its countermajoritarian character and as guardian of the constitutional text must act in order to reduce social inequalities. Along these lines, this article discusses, from a critical perspective, the reasons why gender should be the guiding element of judicial decisions that deal with the rights and guarantees of transsexual women. The method used for the development of the argument is the bibliographic review combined with the analysis of superior court judgments. The case analyzed is RE 845779, still pending a final decision, which deals with the possibility of transsexual women using public restrooms according to their gender identity.