The First Panel of the Federal Regional Court of the 3rd Region (TRF3) denied the Union’s appeal and upheld the decision that assured a transgender Navy woman the right to wear female hair and uniform, in addition to her social name on identification.
The collegiate also determined the payment of R$ 80,000 in compensation for the moral damages suffered.
the federal judge Nelton dos Santos rapporteur for the case, explained that the refusal to recognize the identity of transgender people violated fundamental rights.
“The Federal Supreme Court has already decided that gender identity is a manifestation of the human person’s personality and, as such, it is up to the State only to recognize it, never to constitute it”, he pondered.
The rapporteur considered the federal entity’s argument that the military would be circumventing the contest to be unreasonable, as it was approved in a public selection process for male vacancies.
“The Union understands that the plaintiff cannot occupy the vacancies reserved for male military personnel because she is a transgender woman, but, at the time she took the exam, it would be difficult for her to be accepted into the ranks of female military personnel because she still had a ‘masculine appearance’ ‘, nor would it be able to fill the said vacancies on the current date in view of the absence of a change in the name of the civil registry”, he concluded.
Source: CNN Brasil
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