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The use of the social name of transvestites and transsexuals in the Work and Social Security Card (CTPS)

In Brazil, the life expectancy of transvestites and transsexuals is 35 (thirty-five) years, according to a survey by the National Association of Transvestites and Transsexuals (ANTRA).

This data is reflected in the experience of transvestites and transsexuals who, according to the "Dossier Murders and Violence Against Transvestites and Transsexuals Brazilian in 2020", published by ANTRA on January 29, 2021, were recorded 175 murders of trans people during the year 2020, all against people who expressed the female gender, making Brazil remain at the top of the list of most violent countries for trans people.

On the other hand, according to the "Trans Employability Poll" conducted in December 2020 by ANTRA, 90% (ninety percent) of trans people believe that the estimate remains that 90% (ninety percent) of transvestites and trans women use prostitution as a primary or complementary source of income.

Likewise, 94% (ninety-four percent) of trans people believe that the formal labor market is not really open and committed to hiring trans people.

Among the various difficulties for trans and transvestite people to enter the labor market, one of them was the impossibility of using the "social name" (designation by which the transvestite or transsexual person identifies and is socially recognized – according to Article 1, item I, of Decree No. 8,727/2016) in the Work and Social Security Card (CTPS).

They were given as this that boosted the Public Defender's Office of the Union (DPU) to file a Public Civil Action (ACP) before the 01st Federal Civil and Criminal Court of the Judicial Section of Roraima aiming at the conviction of the Union in the obligation to make consistent in the dispatch of CTPS containing the social name of the person, whenever required.

In turn, on 07/31/2020, an agreement signed between the DPU and the Federal Attorney General's Office (AGU) was approved, through which the Special Secretariat of Social Security and Labor, linked to the Ministry of Economy, was obliged to include in the Computerized System for issuing CTPS a field for the insertion of the social name, in order to meet the determined in Decree No. 8,727/2016, which "provides for the use of the social name and the recognition of the gender identity of transvestite and transsexual persons within the scope of the direct, local and foundational federal public administration", within 180 (one hundred and eighty) days.

In view of the technical impossibility of complying with the agreement within the limits of the territorial jurisdiction of the 1st Federal Civil and Criminal Court of the Judicial Section of Roraima, given that the computerized system for issuing CTPS is unique for the whole country, the DPU and the AGU agreed to expand the object of the Public Civil Action, in order to reach all Brazilian States, consensually distancing themselves from the incidence of the restriction provided for in Article 16 of Law No. 7,347/1985.


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