População carcerária travesti e transexual: violação à dignidade da pessoa humana no que tange aos direitos fundamentais

Abstract

The article aims to present the reality of travesti and transsexual persons with sentences involving deprivation of liberty in Brazil, in order to expose the recurrent violations of fundamental rights they suffer. First, it is necessary to contextualize the historical scenario to subsequently carry out a conceptual approach of biological sex, gender identity and other relevant terms to the subject matter, as well as the elucidation of the abbreviation “LGBTI+”. Onward, the focus of the current article will be addressed: travestis and transsexuals. Surpassed the theoretical introduction of the distinction between sex and gender, the domestic penitentiary system will be analyzed, presenting how prison should be and exposing how it currently is. The prison population will be mapped out, first in general, and, subsequently, pertaining to transgender persons, specifically travestis and transsexuals; in order to analyze the treatment received by this vulnerable group during the custodial sentence as well as pre trial incarceration. Thus, a critical reflection regarding the relevance of the topic is proposed, considering the marginalization of the referred group that during the custodial sentence is once more invisibilized and marginalized, suffering severe fundamental rights violations, specially regarding the dignity of the human person.