TRANSGÊNEROS NO CÁRCERE: uma luta incansável contra o preconceito no sistema prisional brasileiro

Abstract

This work analyzes conflicts about the problem that surrounds the transgender within prison, based on the fundamental rights dealt with in the Magna Carta. Such an approach is due to the fact that in Brazilian prisons, there is a negative way to the identity of gender of prisoners. The aim of this study is to analyze the normative framework consistent with guaranteeing the rights of LGBTQIA+ people who do not include the right to freedom. This purpose will be achieved through a bibliographical review, using doctrinal understandings, not only of famous Brazilian doctrinaires, as a booklet formulated before the Inter-American Court of Human Rights. The analysis showed that although the State deals with rights and principles of the dignity of the person human nature, what is prescribed are discriminatory attitudes established by violence against minority community outside and inside prison, subject governed by this work. Therefore, it is necessary to restructure the prison wing, of a social, political and legal nature. that effectively reveals the reality of constitutionally foreseen issues.