O uso do banheiro por travestis e transexuais sob a ótica do direito da dignidade da pessoa humana

Abstract

The theme "The Use of the Public Bathroom by Transsexuals and Transvestites" is analyzed in the present work from the perspective of the constitutional foundations that allow its use. The legislation, jurisprudence and national doctrine are studied to evaluate how the rights of transsexuals and transvestites are ensured in Brazil and how the foundation of human dignity guarantees them the right to self-affirmation of gender. The objective of this paper is to evaluate the most appropriate solution to guarantee the use of the public restroom to these people. The methodology that’s used is the qualitative approach, based on the deductive method. This paper, at first, studies the works of Judith Butler and Berenice Bento to justify, from the notion of gender identity, why transsexuals and transvestites should have access to public restrooms. Subsequently, it discusses how trans rights are treated in Brazil. Then, an in-depth analysis of the Dignity of the Human Person is made, based on the work of Ingo Wolfgang, concluding with the proposed solutions to the dilemma.