Identidade transexual e medidas protetivas de gênero à luz da Lei Maria da Penha: direito e justiça social como integridade

• Ano de defesa: 2022
• Autor(a) principal: Gonçalves, André Bortolon
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Faculdade de Direito de Vitoria; Brasil; Departamento 1; PPG1; FDV
• Palavras-chave em Português: Lei Maria da Penha; Medidas protetivas de urgência; Transgênero; Direito como integridade; Igualdade; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: http://191.252.194.60:8080/handle/fdv/1533

The present work aims to research whether it is possible to deduce from the judgment of Special Appeal 1977124 the existence of pre-existing rights arising from equality and integrity according to Ronald Dworkin that justify the application of protective measures for transgender women. Does the theory of law as integrity and the analogy of the chain novel lead to overcoming the merely biological concept of man and woman, guiding an understanding of the social construction of gender to be recognized by the Brazilian legal system? The dissertation is divided into five chapters, the first and last one, being introduction and final considerations, respectively. The second chapter presents the empirical reality of domestic violence in Brazilian society, as well as an analysis of the theme of the Inter-American System of Human Rights, and the case of Maria da Penha v. Brazil, which culminates in Law 11.340/06, which will be analyzed, in addition to the establishment of urgent protective measures to the detriment of aggressors of domestic violence. The third chapter presents Ronald Dworkin's theory of law, tracing a bibliographic route of the author's works, presenting his integrative system of morals, ethics and human dignity, as well as presenting the author's idea of equality, culminating in the exposition of the conception of law as integrity, and an interpretive social constructive practice. The fourth chapter makes a brief exposition about gender as a social construction as opposed to a merely biological reality. Afterwards, a jurisprudential survey of judicial decisions in the Brazilian legal system about the rights of transexual women will be carried out, in order to identify their moral progress by national judges. Finally, an analysis of the special appeal judgment 1977124 will be carried out from the perspective of Ronald Dworkin's law as integrity, taking into account the progress and change in the Brazilian legal landscape that culminates in such a decision. In the end, it is suggested that Ronald Dworkin's theory of law as integrity and the integrative system of morals and ethics proposed by the author explain the reality of the moral progress of the Brazilian legal system, which in turn has slowly become more inclusive, and that culminates in this first decision of the Superior Courts on the subject