Perspectiva de gênero e reflexos jurídicos.

Abstract

The historical development in the consecration of human rights, as the initial framework of the Universal Declaration of Human Rights, enshrined the basis of guarantees inherent to the human condition, which gave rise to the pursuit for equality, freedom and non-discrimination among many others. The feminist movement taking advantage of these gave rise to the incorporation of a gender perspective, seeking to resect and deconstruct historically constructed optics, no longer justified by the revaluation of the human being. This incorporation emphasized the pluralistic subjectivities of gender identity stemming from the variations of sexuality issues and from the self-perceived absence of any characteristic that can be preset and culturally imposed. Causing legal reflexes by incorporating the gender perspective, legitimating the birth of a right capable of acquiring the dimension of embracing subjectivities in the construction of identity. It was used a deductive method for analysis of the gender perspective in its principle of paradigm rupture, and how its incorporation in the Brazilian system was given, and especially what the legal reflexes triggered, through a qualitative approach, that analyzed the jurisprudence of the Court of Justice of Rio Grande do Sul and of the higher Courts, plus doctrines that approach the subject. The right to gender identity arises from the jurisprudential construction with divergent decisions and influence, in this way, legislative projects to pacify the understanding and to positivize the right that arises as a view of the personality already widely consecrated. In the present study it was possible to conclude that there is a right to gender identity, resulting from the systematic interpretation of the brazilian legal system.