Adolescente transexual e o acesso à justiça: sobre a possibilidade de supressão dos hormônios da puberdade

Abstract

The objective of the research is to verify the dilemmas experienced by transsexuals in order to understand the treatment they had in adolescence and the legal protection of the transsexual adolescent, in order to identify the existing obstacles to the hormonal suppression of puberty in adolescence and eventual judicial authorization that against the will of one of the legal representatives, would be an effective form of access to justice. The problem of the present work is based on the following question: Is there legal protection for access to justice for the adolescent transsexual who wants to undergo medical treatment to suppress the hormones of puberty? In this way, the research was structured under an interdisciplinary perspective, comprising the areas of medicine, psychology, psychiatry, sociology, philosophy, anthropology and social and legal science. The methodology used was multi-methodological, based on the analysis of the existing legislation on transsexuality in the health area, semi-structured interviews with people over 18 years of age and experiencing transsexuality, analysis of news about judicial decision that determined the treatment of hormonal suppression for a transsexual adolescent, as well as the decision that included the medical treatment of transsexuality in the Unified Health System, analysis of the transexualizing process in Brazil and analysis of the manifestation of the Federal Medical Council on the treatment of hormonal suppression for transsexual adolescents. In the theoretical framework, the approach on gender is under the watchful eye of feminist theory and the discussion on transsexuality is within the social sciences under the bias of gender studies. Legal discourses of protection of the adolescent as a subject of law were also identified, demonstrating that the discernment is not fixedly linked to the age factor, therefore, and should have its will considered in matters related to its existential autonomy. Highlighting the legal protection of the access to justice of adolescent transsexual, as a way of answering the problem of this research.