Judicial discrimination on the basis of gender identity: a diagnosis

Abstract

This research aims to diagnose discrimination on the basis of gender identity in the Judiciary’s practice in the state of Sao Paulo concerning to civil registry change before STF’s recent decision about the issue. By mapping TJSP decisions related to civil registry change for five years, the treatment given to transgender people and the treatment given to cisgender people were compared, leading to the conclusion of disparate treatment by discriminatory application of law.

Keywords:
Transsexuality; Civil registry change; Disparate treatment