Trans women report challenges in the job market and lack of rights in Brazil

By Jadson Lima – From Cenarium

MANAUS (AM) – International Women’s Day, this Saturday, March 8, is a date used to celebrate advancements in policies for women in Brazil and worldwide. However, it also exposes daily struggles, challenges in the job market, and the lack of policies aimed at trans women regarding fundamental rights guaranteed by the 1988 Constitution.

One of these difficulties concerns the absence of social security and labor rights for this segment of Brazilian society, which seeks equality and respect for rights that should be ensured by the government. Speaking to CENARIUM, trans woman and artist Paula Baçal highlighted that the lack of public policies is a concerning issue and requires attention, as it not only adds to daily discrimination but also contributes to the marginalization of the trans population.

For her, in addition to the recorded cases of prejudice in Brazil— the country that kills the most trans people— the difficulty of integrating trans individuals into the job market is an undeniable reality.

“Brazil’s statistics as the country that kills the most trans people in the world don’t let us lie. If they already kill us, imagine wanting us in their companies. They don’t want us in society, let alone in a company,” Baçal said.

The report spoke with lawyer and specialist in Labor and Social Security Law, Renata Rocha, who explained the general lack of labor and social security rights for trans people. According to the jurist, there is no specific regulation in force regarding the retirement and labor rights of transgender people, leaving the application of general constitutional and labor laws.

On the other hand, Rocha points out, the House of Representatives is currently reviewing Bill No. 684/2022, authored by Representative Alex Santana (Republicanos/BA), which seeks to regulate the retirement of trans people based on their biological sex, regardless of gender transition or civil record change. “The bill’s justification is based on preventing possible frauds against Social Security,” the specialist said.

“In terms of labor rights, the current legislation ensures protection against workplace discrimination and encourages the promotion of inclusive policies. These guarantees are primarily derived from the constitutional principles of human dignity (Art. 1, III, CF) and equality (Art. 5, CF), as well as the prohibition of discrimination in job access and retention (Art. 7, XXX, CF),” Rocha highlighted.

Violation of Rights

Asked about the matter, Paula Baçal stated that the bill under discussion in Parliament disregards gender identity and civil record changes, constituting a serious violation of trans people’s rights. For the artist, the bill’s justification is unfounded, as gender identity is legitimate and recognized through the advancements already secured by the LGBTQIAPN+ community.

“This is a violation, there’s no other way to put it— it’s an affront. This proposal completely ignores our experiences, our identities, and treats us in a discriminatory and disrespectful manner, which is what much of the House does with our population. They exploit our cause,” she said.

Human rights activist and 2024 city council candidate in Macapá, Amapá’s capital, Fleur Duarte also classified the federal representative’s proposal as an attack on trans people’s identity, arguing that there is no defined moment for someone to transition. She emphasized that each person has their own individuality, which must be respected.

“The proposal is a direct attack on trans and travesti lives because no one knows when transition may happen. The signs appear throughout our lives, but each person has their own uniqueness and their own time to transition. And when we discuss this, we are talking about a systemic issue that begins within the family, which must learn to handle it. But on the other hand, there are people who don’t,” she emphasized.

‘We Are a Political Body’

Fleur also spoke about the lack of policies for integrating trans people into the job market, especially trans women. She also expressed concern for trans women— both adults and children— who are forced into prostitution due to a lack of opportunities, as well as the deterioration of family relationships that pushes many to leave their homes.

“The absence of public policies reflects a lack of willingness to include trans women and travestis in the job market. We need to recognize that the system itself ensures trans women and travestis are kept out of the job market because they want to finance the prostitution market so that we remain trapped in it. The system funds this market to prevent us from becoming significant individuals because we, by ourselves, are a political body that challenges the system,” she emphasized.

The activist also stated that proposals like Representative Alex Santana’s bill fuel hatred against the community, leading to increased violence. “When these projects come to light, it’s specifically to attack trans and travesti people because, as I mentioned before, the system itself invests in keeping this population in prostitution. They don’t want to see us gaining rights,” she concluded.

Edited by Izaías Godinho
Translated from Portuguese by Gustô Alves