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Prophecies of fraud: unacceptable marriages and dangerous subjects in judicial decisions about rectification of transsexual people’s “sex”

Abstract

This paper investigates representations and values underlying the mobilization of a recurrent argument in judicial decisions that evaluate rectification requests for the category “sex” in identification documents, demanded by transsexual people: that a probable future marriage between the plaintiff and a third party would mean the former is misleading the latter. Through the analysis of decisions elaborated by magistrates in several Brazilian State Courts, from 2000 to 2014, I noticed: a) the production of meanings of legally possible and legitimate marriage and family; b) the formation of suspicion around transsexual people, viewed as dangerous and potentially deceitful; c) the concomitant creation of good-faith individual and collective victims that would be potentially deceived; d) the mobilization of time dimensions as a way of crystallizing normative patterns of gender and of materializing future threats.

Key words:
gender; transsexuality; Courts of Justice; State; marriage

Centro Latino-Americano em Sexualidade e Direitos Humanos (CLAM/IMS/UERJ) R. São Francisco Xavier, 524, 6º andar, Bloco E 20550-013 Rio de Janeiro/RJ Brasil, Tel./Fax: (21) 2568-0599 - Rio de Janeiro - RJ - Brazil
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