Transgender rights in Brazil
[3] Unanimously, the 3rd Class of the Superior Court of Justice approved allowing the option of name and gender change on the birth certificate of a transgender person who has undergone sex reassignment surgery.
[4] The ministers followed the vote of the rapporteur, Nancy Andrighi, who argued that "if Brazil consents to the possibility of surgery, it should also provide the means for the individual to have a decent life in society".
In the opinion of the rapporteur, preventing the record change for a transgender person who has gone through sex reassignment surgery could constitute a new form of social prejudice, and cause more psychological instability.
"[6]According to Minister João Otávio de Noronha [pt] of the Superior Court of Justice, transgender people should have their social integration ensured with respect to their dignity, autonomy, intimacy and privacy, which must therefore incorporate their civil registry.
[7] The Supreme Federal Court ruled on 1 March 2018, that a transgender person has the right to change their official name and sex without the need of surgery or professional evaluation, just by self-declaration of their psychosocial identity.
On 29 June, the Corregedoria Nacional de Justiça, a body of the National Justice Council published the rules to be followed by registry offices concerning the subject.
[13][14][15][16] For the purpose of filling out and printing the Identity Card, the gender field must follow the ICAO standardization, with 1 character, M, F or X (for non-binary people).
[35][36] In November 2023, TJPR revoked non-binary recognition, establishing that the right to administrative replacement of first name and sex in civil registration does not cover the possibility of expanding genders, limited to “male” and “female”.
[38] Sistema Único de Saúde (SUS), the public health system in Brazil, provides processo transexualizador (PrTr or PT-SUS, English: transsexualizing process).
[41] Since 2008, the SUS has offered sex reassignment surgeries free of charge, in accordance with a court ruling that recognizes the importance of these procedures for the health and well-being of trans people.
[49] In the same year, Ministry of Health announced expanding the number of services aimed at the trans population, following resolution of the Federal Council of Medicine.
[52] In 2008, Brazil's public health system started providing free sex reassignment surgery in compliance with a court order.
Federal prosecutors had argued that gender reassignment surgery was covered under a constitutional clause guaranteeing medical care as a basic right.
[56] São Paulo city and Belo Horizonte council members Erika Hilton and Duda Salabert, the first transgender woman to be elected to the federal deputies, received death threats and, as a result, had to change her habits for safety reasons.
