A trans woman from Natal, in Rio Grande do Norte, will receive an indemnity for moral damages in the amount of R$ 12 thousand for being prevented from using the women’s bathroom at a train station of the Brazilian Urban Trains Company (CBTU).
The case happened when the woman was approached by security guards who said she would need to go to the men’s room. The trans woman showed her identity by stating her name and identification as being female, but was unsuccessful.
The federal public defender Lorena Costa Dantas Melo said that this is a typical case in which the law was breached by the guards: “in this sense, it is clear that when trying to use the women’s bathroom, the assisted person was in full enjoyment of her rights, acting as a guard against the law and fulfilling an arbitrary and discriminatory role that no longer complies with the social and legal reality of the country. “.
“It is a perfect example of violation of the dignity of the human person. By being prevented from using the train company bathroom, the assisted person had her right deeply violated, which is not allowed in the democratic state in which we live”, asserted the defender in the initial petition for the indemnity action for moral damages.
Federal judge José Carlos Dantas Teixeira de Souza, from the 3rd federal court of the Judiciary Section of Rio Grande do Norte, acknowledged the moral damage suffered and ordered CBTU to pay it as a way to repair the damage caused to trans women.
“As the transgender author could not be approached to withdraw from the women’s bathroom, an undue and discriminatory approach occurred, since the author had the right to use the women’s bathroom, as in addition to being transgender, the author had the documentation” , understood the magistrate.
The case number and the name of the trans was not disclosed. With information from UOL.