Bolsonarist lawmaker proposes bill to censor trans people in contest exams
16 de July de 2024
Jefferson Ramos – From Cenarium
MANAUS (AM) – A bill (PL) authored by bolsonarist state lawmaker Débora Menezes (PL-AM) aims to make it more difficult for transsexuals to take part in public exams in Amazonas. The proposal stipulates that biological sex must be used to the detriment of gender identity in physical aptitude tests or practical exams. Joyce Gomes, president of the Association of Transvestites, Transsexuals and Transgenders of Amazonas (Assotram), told CENARIUM that Menezes is persecuting the LGBTQIAPN+ community.
Bill 372/2024 was presented on June 3, 2024 and must be analyzed in thematic committees of the Amazonas Legislative Assembly (Aleam). Menezes justifies that the criterion aims to make such physical tests fairer, taking into account the physiological differences between men and women that can impact performance and consequently the result of the exam.
The state lawmaker established in the text that biological sex is that which considers the XX (female) and XY (male) sex chromosomes present in the genetic material of individuals.
“By establishing this measure, the state of Amazonas reinforces its commitment to transparency, ethics and legality in its competitions and selection processes, promoting a fairer and more equal environment for its candidate”, the Bolsonaro MP proposes.
In March of this year, Menezes approved a bill that established biological sex as the sole criterion for defining the gender of competitors in official sports matches in the state.
“Persecution”
The president of Assotram, Joyce Gomes, said that the bill reinforces the “chains” that push trans people into prostitution. She explained that the trans population has difficulties competing for opportunities on an equal footing because there are no public policies to keep transsexuals in education.
“The LGBT population still survives on underemployment. They are still very much involved in entrepreneurship because they can’t access this formal employment policy. How many trans people are able to compete on an equal footing in a job competition?” said Joyce Gomes.
Transphobic
Speaking to CENARIUM, the president of the human rights commission of the Brazilian Bar Association – Amazonas section (OAB-AM), lawyer Caupolican Padilha, said that the content of the bill is “transphobic” and hurts “human dignity”.
Present in Article 1, item 3 of the Brazilian Constitution, the dignity of the human person recognizes the intrinsic value of each individual and establishes that all people should be treated with respect, equality and freedom. Similar bills have been presented in the states of Minas Gerais (MG) and Pernambuco (PE).
Bill goes against higher rulings
In 2017, the Superior Court of Justice (STJ) concluded that psychosocial identity prevails over biological identity, and that medical intervention on sexual organs (sex reassignment) is not a requirement for changing gender on public documents.
In 2018, the Superior Electoral Court (TSE) ruled that political party candidate quotas are based on gender, not biological sex. If the bill is taken to court, the courts will see it as unconstitutional because it violates constitutional precepts.
Read the full bill:
CENARIUM contacted the parliamentarian through her press office to ask for a position on the proposal and is awaiting a response.
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