APLICAÇÃO DO PRINCÍPIO DA DIGNIDADE DA PESSOA HUMANA COMO FORMA DE EFETIVAÇÃO DOS DIREITOS DA PERSONALIDADE DOS TRANSEXUAIS

Abstract

This work approaches the subject of the difficulties lived by the transsexual ones, which don't possess a law to assure their rights. It is an analysis done starting from the application of the constitutional principle of the Human Person's Dignity, aided in the human and fundamental rights, as well as in the rights of the personality to those that purely want to be that they are, uttering their thoughts and desires. Based on this premise, it intends to clarify how different affective-sexual orientations, as well as clarify about how terminological distinctions related to these affective-sexual orientations, where, from these definitions, it aims to show the right of these people to undergo transgenitalization surgery, as well as the right to rectify their records, changing their name and gender in order to be consistent with their gender identity. Finally, it highlights the judicial decisions that, even in the evolutionary process, already show a tendency to the permanent application of the Principle of the Dignity of the Human Person, emphasizing the need of a specific law that safeguard the rights of the personality of the transsexuals.