Neo-constitutionalism or supremocracy? Analysis of legal activism to acknowledge the social name of trans-people in direct action of unconstitutionality n. 4.275

• GEORGE SARMENTO LINS JÚNIOR ^[1] ; LUCAS ISAAC SOARES MESQUITA ^[2]
  1. [1] Universidade Federal de Alagoas

     Universidade Federal de Alagoas

     Brasil

     
  2. [2] Universidad de Salamanca

     Universidad de Salamanca

     Salamanca, España

     
• Localización: Iudicium, ISSN-e 2530-5158, Nº. 11, 2021, págs. 57-80
• Idioma: inglés
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• Resumen

  • The present article deals with the main implications of actions taken by the Federal Supreme Court to acknowledge the rights of LGBT people, mainly of trans-people (trans-gender, transvestites and transsexuals). It is worth highlighting that it does not mean establishing a new determination to broaden provisions in the Federal Constitution, but to make sure that the guarantees in it are also observed in the lives of a population that forms a social minority based on principles and fundamentals such as isonomy and dignity of the human person, as well as on the constitutional hermeneutics enacted after the re-democratization process in Brazil. Accordingly, it also draws an overview of the meaning of neo-constitutionalism and of dogmatic discussions about it, in order to lean over the Direct Action of Unconstitutionality n. 4.275 proposed by the Federal Public Prosecutor’s Office, which has acknowledged the self-determination of trans-people to change their social names without demand for any legal license or reassignment surgery.