Dissertação de Mestrado
O terceiro gênero: políticas públicas e mecanismos jurídicos de valorização da dignidade humana pelo viés do gênero
Fecha
2015-10-23Autor
Rainner Jeronimo Roweder
Institución
Resumen
The valuating of human dignity, in neoconstitutionalism times, advanced stage of effectuation of democratic rule of law, is the center of all the judicial system. This means that the human species and its value founded and must guide every step of the law. This principle is irradiated to all legal areas, but to provide more effective protection it specifies. Therefore, it is safe to say that the protection of human gender is nothing but a protection of their dignity. This protection occurs in several areas, such as through the general guarantees of human dignity, brought by the Constitutional Law, the Rights of Personality in the Civil Law, the affixing of the name and ancestry under the Registral law. The effectiveness of these guarantees, in turn, takes place under Civil Procedure, especially thought the class actions, which can reach a greater number of jurisdictional in contemplation to the principle of efficiency and judicial economy. Its intend to study, these protections, and as focus of the work, the third gender. It is clear that, traditionally, the gender has always had a bipartite or binary division, according to the biological logic. But with advances in technology, especially in the medical field, this logic may be about to disappear and new genders can arise. The adequacy of the third gender to the Brazilian legal system is to be studied. It has been intended to also check what are the most advanced public policies for ensuring implementation of the rights linked to gender. This is a Interdisciplinary dissertation with the coordination of Collective Civil Procedure law, Civil Law, Constitutional Law, Notarial Law and Comparative Law, especially German.