Abstract
The legal field is historically constituted by social norms that establish a body pattern (binary, cisgender, endosex), thus excluding bodies that do not fit this norm, as it is the case of intersexuality. Because of this, intersex people suffer discrimination and have their rights violated by early hormonal and cosmetic surgical procedures even in their childhood. This paper seeks to discuss how intersexuality strains the legal content of prohibited criterion of sex discrimination, contributing to its expansion. To this end, a bibliographic and national and international legislation review was carried out on the content of the discrimination prohibited criterion sex, considering the need for anti-discriminatory protection of intersex people. It is evaluated whether the categories that give content to the prohibited criterion of sex - sexual orientation and gender identity - are sufficient to protect intersex people from discrimination and the desbinarization of the law is proposed, through the inclusion of the category sexual characteristics, as a way of contemplating the discrimination experienced by intersex people, and also by other corporalities that are not inscribed in a binary pattern and that are not linearly related to identity.
Keywords:
Intersexuality; Gender binarism; Prohibition of discrimination; Sexual characteristics