RETIREMENT BY AGE, CONTRIBUTION TIME AND SCHEDULED OF THE TRANSEXUAL PERSON

Abstract

The general objective of this article is to analyze the criteria for granting and grounds adopted by the social security system to guarantee retirement by age, contribution time and scheduled for transsexual and transvestite people, given that there is legal uncertainty about the criteria that will be used for purposes of granting the application for your social security benefit. The development of the work is divided into three chapters. First, gender diversity as a human right will be analyzed. Next, the rules adopted for analyzing the request for urban retirement by age and contribution time will be studied. Finally, the requirements for granting retirement benefits by age and contribution time to the transsexual person will be presented. There are no specific laws that address the retirement of transgender people, and the Brazilian social security legislation provides for different contribution times and age for men and women. Thus, what needs to be observed is the gender with which the beneficiary identifies himself at the time of the application for granting the retirement. In compliance with the principle of equality and human dignity, it will be up to the responsible public entity to proceed with correct and dignified treatment when analyzing the retirement requirements of transgender people.