Changing legal gender assignment in Brazil

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Changing legal gender assignment in Brazil is legal according to the Superior Court of Justice of Brazil, as stated in a court decision, which came to the country's LGBT history on October 17, 2009.[1] Unanimously, the 3rd Class of the Superior Court of Justice of the country approved the change of name and gender on the birth certificate of a transsexual who went through gender reassignment surgery. The understanding of the ministers is that it makes no sense to allow Brazil and perform such surgery in the Sistema Único de Saúde, Unified Health System, the free federal health system, and do not release the change in the civil registry.[2]

The ministers followed the vote of the rapporteur, Nancy Andrighi minister. "If the Brazil consents to the possibility of surgery, should soon provide the means for the individual has a decent life as is before society," she said. For the rapporteur, preventing the return on record for the transsexual who went through a sex change can generate a new form of social prejudice, and cause more psychological instability.[3]

"The issue is delicate. At the beginning of compulsory civil registry, the distinction into two sexes was performed by the genitalia. Today there are other factors that influence and that identification can no longer be limited to the apparent sex. There is a set of social, psychological problems that must be considered. Veto this exchange would be put in untenable position anxieties of uncertainty more conflict for the person," she said.[4]

According to the Minister João Otávio Noronha of Superior Court of Justice, argues that the transsexual, in respect to their dignity, autonomy, intimacy and privacy, should have ensured their social integration according to their individual identity, which must therefore incorporate their civil registry.[5]

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