Garantia de hormonização para travestis e mulheres trans* durante a pena privativa de liberdade: uma análise jurídico-sociológica da Opinião Consultiva n°29 da Corte Interamericana de Direitos Humanos em relação ao ordenamento jurídico brasileiro

Abstract

This work aims to study Advisory Opinion No. 29 of the Inter-American Court of Human Rights and to trace and subsequently defend its possible implications for the defense of the right to access hormone therapy for transgender women and travestis in prison. The general objective was to question whether, alongside national regulations (ordinances and resolutions), the legal interpretation derived from Advisory Opinion No. 29 of the Inter-American Court of Human Rights (IACHR) can strengthen the protective legal status of incarcerated trans* individuals. The specific objectives consist of providing a brief overview of the choice of imprisonment as the main criminal sanction, developing concepts related to queer theory that are relevant to understanding female transgender and travesti identities as gender dissidences, identifying and working with regulations that guarantee access to hormone therapy for incarcerated transgender individuals, developing key aspects to understand hormone therapy and its importance as a gender technology for the health of this trans* population, and interpreting and assessing the potential consequences of Advisory Opinion No. 29. The hypothesis raised is that the advisory opinion is binding and has the power to influence access to hormone therapy by incorporating the protective content existing in the American Convention on Human Rights, reinforcing, through the enunciation of specific obligations, the legal status that protects incarcerated trans* individuals. To confirm the hypothesis that travestis and transgender women can benefit from the content of Advisory Opinion No. 29, bibliographic research and document analysis will be used.