Sistema penitenciário e alas específicas para transexuais: segregação ou proteção?

Abstract

This monograph aimed at exposing the historicity of gender concepts and its constant evolution, highlighting the emergence and use of the expression "gender identity" in the most recent verdict of the judiciary. This work discuss the prospective implementation, of wards dedicated to transexual individuals, into the penitentiary system of the state of Pará, trying to understand wether the implementation of such wards would be a form of protection to these individuals, regarding the reduction of physical and psychological violence, mainly from other prisoners, wether it would be a form of segregating the LGBTI individuals in jail, which would be transferred to that ward, so that the segregation from other detainees would be a masked form of prejudice. To that end, It is discussed the binary system - female or male gender - in which the Criminal Enforcement Law is based on, as well as principles inherent to the human person, such as the principle of isonomy and dignity of the human person.