Direitos fundamentais: pessoas trans e o acesso à saúde

Abstract

The Fundamental Rights demonstrate the will of the original constituent power to protect certain goods that have legal relevance with their express provision in the Constitution or extracting its possibility from it, as in the Brazilian case. The Federal Constitution of 1988 opted for the guarantee and promotion of health with universal and equal access for Brazilians. However, some sectors of the Brazilian population are unable to fully exercise their fundamental rights, including the right to health. In these sectors of the population, transgender and transvestite people have a history of exclusion in various areas of life. The objective of this work was to seek to evidence these exclusions, with emphasis on the exclusion of access to public health, consequently, a legal means was sought to be used in response to the problem. It is demonstrated that only the judicialization of health issues is not enough for a significant change in the current situation.