FAMÍLIA COMO DIREITO FUNDAMENTAL CONTEMPORÂNEO: apontamentos sobre a negligência dos genitores e do Poder Legislativo para com as crianças e adolescentes transgêneros

Abstract

Transgenderity occurs with people who do not identify with the heteronormative binary pattern, those who do not identify with the male or female gender assigned at birth. Based on a qualitative research strategy, the possibility of scientific articles and jurisprudence that deal with the theme, following the deductive method, the reflection points to the neglect of the parents and the Legislative Power towards transgender children and adolescents, addressing the importance of the family bond for the child. healthy development, stressing the consequences that the neglect database brings to their lives. The approach of this theme makes it necessary, in view of or significant growth in the marginalization of these hypervulnerables due to conservatism, which pre-establishes and imposes a heteronormative pattern to be followed. Thus, in order to make society aware of the neglect affected by both the family and the Legislative Power, it will be necessary to deconstruct the conservatism imposed on society, in order to ensure transgender children and adolescents, who are absolutely and partially incapable. basic and fundamental rights, preserving their dignity and their full healthy and dignified development, which should be the main focus of the Brazilian political, social, family and legal system.