The Transgender Old-Age Retirement
This article promotes the debate about the age to be considered in the retirement requirements of people who change their gender throughout their lives because they do not identify with the gender assigned to them at birth. It starts from the analysis of the reasons for the inequality of the minimum...
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| Tipo de recurso: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2024 |
| País: | Brasil |
| Institución: | Associação Nacional dos Procuradores e Advogados Públicos Federais (ANPPREV) |
| Repositorio: | Revista ANPPREV de Seguridade Social |
| Idioma: | portugués |
| OAI Identifier: | oai:ojs.rass.anpprev.org.br:article/9 |
| Acceso en línea: | https://rass.anpprev.org.br/index.php/RASS/article/view/9 |
| Access Level: | acceso abierto |
| Palabra clave: | Social Security Retirement Age Gender Identity Transgender Aposentadoria Idade Identidade de gênero Transgênero |
| Sumario: | This article promotes the debate about the age to be considered in the retirement requirements of people who change their gender throughout their lives because they do not identify with the gender assigned to them at birth. It starts from the analysis of the reasons for the inequality of the minimum retirement age of men and women in Social Security, identifies whether this distinction is evaluated on contemporary issues related to sex, which would imply the use of retirement ages taking into account biological sex policyholders. However, if the age distinction is linked to gender-related reasons, the most appropriate solution will be to use the self-perceived gender by the insured as a basic criterion for defining the retirement age. The analysis departed from the decision issued by the STF in ADI 4275, which recognized the right to substitute first names and sex directly in the civil registry to transgender people who so wish, regardless of transgenitalization surgery, or to perform hormonal or pathological shutdowns, inaugurating a new paradigm regarding identity recognition, with repercussions throughout the Brazilian legal system, including in the social security sphere. |
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