The right to social security of trans people from the perspective of access to justice

Abstract

The present work aims to discuss the realization of the right to social security for transgender individuals, especially whether the Judiciary serves as an instrument for enforcing this right. Despite being a social right, the right to social security, like other fundamental rights, has not reached the transgender population, either due to a lack of legal regulations on the subject or due to the marginalized situation faced by this segment of the population. In this context, adopting bibliographic research as methodological procedure through qualitative and descriptive research, general aspects of social security were addressed, including the binary gender system adopted in Brazil. Subsequently, it was found that there is a complete legislative omission on the subject, forcing individuals to resort to the Judiciary to obtain the recognition of their rights. However, it was noted that the difficulty of transgender individuals in accessing social security also arises from the context of marginalization in which they are inserted, which can be referred to as "uncivil civil society," where there is no access to justice. Thus, although the Judiciary is used as an instrument for enforcing rights, it was realized that resorting to it is not sufficient, including because the Judiciary itself presents serious deficiencies. Finally, possible ways to alleviate the problem were discussed, highlighting that the realization of the right to social security in the transgender population is not based on just one branch of government but rather requires multidisciplinary and mutual efforts.