Travestis, pessoas transexuais e o acesso ao mercado de trabalho: a efetivação do direito fundamental ao trabalho de uma população (ainda) marginalizada

Abstract

This article presents a study on the “travestis” and transsexual people social right to work, and the possibilities for achieving this right. It uses bibliographic references found in articles and works by specialists in the subject; research data collection; analysis of legislation and conventions on the topic, the article chronologically addresses the historical context of transsexuality both around the world and in Brazil. It presents, in a descriptive way, the different forms of gender expression, demonstrating how gender identity differs from sex and sexual orientation, making it necessary to differentiate these concepts so that there is a breakdown of paradigms and preconceptions regarding the experiences of this population. It demonstrates how prejudice and discrimination leads these people to resort to informal work, mostly prostitution. It develops considerations regarding the importance and the necessity of the effectuation of fundamental rights acknowledge on articles five and six of the Federal Constitution of 1988, as follows: right to equal treatment and social right to work. Finally, after a critical analysis of the subject, it seeks to propose public politics that will boost the labor market to hire “travestis” and transsexual people so that, in this way, there is the effectiveness of the fundamental right to work of this portion of the population.