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On March 19, the Federal Supreme Court minister, Luís Roberto Barroso, authorized transgender women and transvestites in prison to choose whether to serve sentences in women’s or men’s prisons. If they choose the male prison, they must be kept in a reserved area to ensure their safety. The information is from ConJur and G1.
The measure alters another precautionary measure devised by Barroso himself in 2019. At the time, he guaranteed the right of transsexual prisoners to serve time in women’s units.
The decision came after the federal government presented, in this process, documents with new information on the treatment used for transsexuals and transvestites identified with the female gender in the prison system. The data are contained in a report by the Ministry of Women, Family and Human Rights (MDH) and a technical note by the Ministry of Justice and Public Security (MJSP).
The documents conclude that the ideal is to allow the decision to transfer to male or female prisons to take place after consultation with each transvestite or transgender person, who must express a willingness to relocate.
“It is noted, therefore, a notable evolution in the treatment to be given to the matter within the scope of the Executive Power, an evolution resulting from the institutional dialogue enabled by the judicialization of the matter, which allowed a healthy dialogue between such power, associations representing the interests of vulnerable groups and the judiciary”, affirms Barroso in the decision., affirms Barroso in the decision.
“There is no doubt that the solution signaled by both documents is in harmony with the normative framework already outlined above, in particular with Principle 9 of Yogyakarta, which recommends that the incarcerated LGBTI population participate in decisions related to the place of detention appropriate to your sexual orientation and gender identity “, continues the minister.
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