A não garantia dos direitos fundamentais de pessoas transgênero e não-binários pelo estado.

Abstract

Brazil is the country that most kills LGBTQIA+ people every year, the victims are in its most transgender and transvestites people. There is no official data collection, due the sub notification of these cases, but according to the report of Grupo Gay of Bahia, in the year of 2019, 329 LGBTQIA+ people were violently killed, being 90,3% homicides and 9,8% suicides. In the same year 331 transgender people were killed in the world, 130 of which occurred in Brazil. At the same time that such high rates of violence, yet that sub notified, are registered, there is a glaring paradox with the high consumption of pornography, containing trans people, by the Brazilian public. The situation is alarming. From that, my work is going to talk about what Fundamental Rights are and for whom they are intended, listing the high cases of violence and murders, driven by hate, as well as the existent obstacles for the collection of these data. Using the bibliographic methodology and having as base the principle of the human dignity, the present, has as purpose analyze the isonomy in the applicability of these rights, mainly between trans and non-binary people, by the State. At the end of the study it was identified that even though many rights are already assured and public policies have already been implemented, with the intention of promoting equality, they are only on paper. The reality that trans and non-binary people deal with, is still of omission by part of the public administration that does not transmit the due knowledge and does not monitor the needs of this so vulnerable population in society.