The right to retirement in the cases of gender reassignment: How to meet the interest of the insured and social security in Brasil

Authors

  • Fernando Machado de Souza Instituição Toledo de Ensino - ITE/Bauru
  • Fabio Alexandre Coelho Instituição Toledo de Ensino - ITE/Bauru

Abstract

: Gender reassignment is a reality in the country, including by the public health system. However, even if the State recognizes the person's right to sexual adequacy, there is no prediction about the person's social security situation, which creates legal uncertainty regarding the right to retirement. Considering that the time of contribution for the granting of retirement is different for men and women, it remains to establish a rule of protection for people who change their sex, allowing both the right of retirement and the financial balance of Social Security.

Keywords:

Mudança de sexo. Aposentadoria. Tempo de Contribuição. Igualdade.