O direito à saúde e os transexuais: possibilidades de intervenção do judiciário no processo transexualizador do SUS

Abstract

The present paper aimed to investigate the transsexual transition process, the Health Ministry’s policy created to provide medical and psychological assistance to transsexuals and transvestites, as well as to give them access to Government funded sex reassignment surgeries. After a brief explanation of the theoretical fundaments that will guide the problem’s analysis, the transsexual transition process’s characteristics and its most controversial points, from which conflicts able to give birth to judicial demands may arise, were studied. Afterwards, the concrete possibilities of Judiciary intervention in the above mentioned policy were assessed and some objective parameters to guide the judicial demands related to the transsexual transition process were proposed. Finally, the conclusions obtained through this research were listed and the present theme’s aspects that still require complementary studies were listed.