O direito à saúde na sociedade complexa: o direito ao processo transexualizador e as implicações sociojurídicas

Abstract

The last decades have been marked by major changes in all sectors of society, which ends up raising outstanding questions that neither the law either the society itself have answers. The right to health, guaranteed in the Article 6 of the Federal Constitution of 1988 and regulated by the creation of the Unified Health System, determines the universal, full and equal access to this right, and never before society had so many possibilities and access to so many rights as it has nowadays. However, live the era of rights does not mean actually having access to all of them: when we refer to transgender identities, the right to health is relativized, since for those people the right to full health depends on the criteria and conditions imposed by international standards followed in Brazil, for which only one who is diagnosed ill can have access to transsexual procedures. This hurts the exercise of their autonomy, since transsexuals are limited by gender norms on the pathologizing of experience. The condition of sick person at the same time as they are received (transsexual program) are excluded by rules governed by explanations accepted as official, however, lagged, since there is no examination or symptom that leads to the conclusion that the transsexual is upset, coupled with the fact the various changes that the recommendations that include transsexuality in mental disorders catalogs have suffered over the years, showing that they are not static references, therefore, subject to changes mainly in order to give effect to the right to health. This discrepancy between the rights established as international recommendations and the law as a form of social life, which has its reality in the will of society, the legal reality of life is the main face of depathologization by transsexuals. The vulnerability brought by pathologization shows that Brazil is the country with the highest number of transgender murders in the world. Therefore, the design of the transsexual as a subject non-standard non-binary gender normality and labeled as sick person, brings enormous suffering, including the voluntary and early terminally life. So this dissertation aims to induce a reflection on the right to health of transsexual people, demonstrating that there is the possibility of modifying the conditions imposed by international recommendations in our country, which has autonomy for the maintenance of transsexual processes in Unified Health System without the need of a pathologizing diagnosis. These changes in the Brazilian structures and government programs are possible and necessary, which will allow access to the right to health to all, regardless of conditions and, especially, gender identity. The main goal is to bring to reflect the elimination of the word disorder and, hence, the elimination of pathologic diagnosis, given that transsexuals are engaged in the search of autonomy and identity, since they are not sick or abnormal.