Jurists Defend Protection of Transsexual Juveniles in Socio-educational Facilities

RIO DE JANEIRO, BRAZIL – Socio-educational measures are enforced by the courts for educational purposes and are intended for adolescents between the ages of 12 and 18 who have been involved in criminal offenses or misdemeanors.

Officials of courts from all over the country, the National Council of Justice (CNJ), the Chamber of Deputies, the Public Defender’s Office and the Brazilian Bar Association (OAB) took part in discussions this week at a National Forum hosted by the Court of Appeals of Rio de Janeiro.

“Placing transsexual women in male wings is a disrespect to identity. There are data on sexually transmitted diseases because there is sexual abuse. There are data on physical violence. They need to be in a women’s wing,” said Maria Eduarda Aguiar da Silva, who in 2017 became the first transgender lawyer to get a social name card from the OAB.

She was in charge of the opening lecture, which addressed the fundamental rights of lesbian, gay, bisexual, transvestite, transsexual or transgender (LGBT) individuals in detention units and host institutions.

FONAJUP and FONAJUV are committed to evaluating the effectiveness of protective standards and recommending relevant legislative measures concerning children and adolescents in vulnerable situations.

These entities address issues such as adoption, the right to freedom and privacy and home education, among others.

The concern with the vulnerability of the LGBT population takes into account research on the country’s reality. In November last year, a report by the Austrian non-governmental organization (NGO) Transgender Europe placed Brazil in the first position in the ranking of homicides of transsexuals and transvestites.

In another survey, conducted by the Gay Group of Bahia (GGB), it was found that in 2017, 445 LGBTs were killed in homophobia-related crimes. Of these cases, 179 were transsexuals.

According to Maria Eduarda, if the facility for the compliance with socio-educational measures is consistent with a situation that may result in violence, it does not favor the resocialization of transsexuals and transvestites, which is its ultimate purpose.

In her opinion, the referral to the female wing should be immediate, and not depend upon prolonged testing or examinations of transgenders. The lawyer believes that a properly skilled team is able to make the right decision.

Maria Eduarda lamented that, often, the transsexual woman is only removed from the male wing following a court injunction.

Judge Lavínia Tupy Vieira Fonseca, head of the Court of Execution of Socio-educational Measures of the Federal District advocated a specific wing for transsexuals and transvestites, rather than placing them with persons of their perceived gender.

Source: Agência Brasil