Análise da (im)possibilidade de aplicação da Lei Maria da Penha as mulheres transexuais.

Abstract

This monograph addresses the analysis of the (im)possibility of applying the Maria da Penha Law to transgender women, justified by the doctrinal and jurisprudential dissonance on the subject, particularly regarding the understanding of sex and gender as distinct and non-synonymous concepts. The general objective focuses on the inclusion of trans women under the Maria da Penha Law's protection. To this end, it is necessary to understand the terminological nuances of sex, gender, gender identity, and transsexuality, analyze the historical context of the Maria da Penha Law, its constitutionality, and its advancements over time, and subsequently evaluate the inclusion of transgender women as recipients of protection against domestic violence. Thus, through the application of the deductive method, it was concluded that transgender women are covered by the protective scope of the Maria da Penha Law, ensuring their enjoyment of fundamental rights inherent to the human person, as stipulated in the Federal Constitution of 1988.