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Abstract

This article intends to study about the absence of Social Security norms to protect the benefits for transgender and transsexual people. Thus, the omission of the Legislative Branch regarding the regulation of specific norms for this part of the population through Constitutional principles will be analyzed, as well as the way in which the Judiciary has been progressing on the protection of the rights of those people. The social reality of the transgender and transsexual population has been little discussed in the Social Security sphere, not having any positive law within the set of norms that contemplates changes related to retirement or maternity salary for this class, for example. Hypotheses will be discussed and it can help in the effective granting of benefits to transgenders and transsexual in a comprehensive way to social changes aiming to reduce the consequences that these taxpayers are subject to the lethargy of the State.