“Gambiarras legais” para o reconhecimento da identidade de gênero? As normativas sobre nome social de pessoas trans nas Universidade Públicas Federais

Abstract

The 63 federal public Brazilian universities (UFs), in the absence of laws that fully recognize the gender identity of transgenders, have created normatives that regulate the use of the social name in these UFs. This article analyzes, quantitatively and qualitatively, the content of the normatives with regard to the justifications, concepts, social participation, range, procedures and institutional mechanisms of guarantee, based on transgender identity studies, data from the trans social reality in Brazil and Nancy Fraser’s categories of redistribution and recognition. It intends to discuss if the normatives are “gambiarras legais”, as defended by Berenice Bento (2012; 2014) (a precarious solution to guarantee the right to gender identity respect), marked by cisheteronormativity and now without relevance in the current political-normative scenario. That is because they were created before the Direct Action of Unconstitutionality (ADI) 4.275/DF by the STF in 2018, this decision established the name and sex rectification of transgenders in legal age directly in the registry office only by self-declaration. The conclusion presents the paradoxes of this public recognition policy, suggesting that the normatives are still important to guarantee a minimum of dignity to trans people in universities, but they establish precarious rights, with numerous contradictions and omissions that limit their reach in recognizing the right to gender identity respect