The incarceration of transgender women and transvestites
the effectiveness of foreseen rights within the criminal execution law through
DOI:
https://doi.org/10.14393/CEF-v33n1-2020-12Abstract
In Brazil, there is no law that establishes a pattern in the reception of transgender people in prison. Through lawmakers neglect, transgender people, even with their specificities, are only vaguely protected by foreseen rights in the Criminal Execution Law. Therefore this research analyses transgender women and transvestites experiences in brazilian prisons. The look at this extremely violent scenario, through a indirect approach based on technical document produced on this theme, will be done aiming to understand whether these rights are effective for such groups. In order to do that, the theory of the norms will be critically examined, with a specific emphasis on the notion of effectiveness. In this way, how these people are welcomed in prison will be analysed as to verify whether rights guaranteed in the Criminal Execution Law are truly effective or possesses only technical-legal validity.
Keywords: Transgender. Prison. Violence.