ABSTRACT
In this essay, we address the interface between gender and law through the social inclusion of transgender and transvestite people and the case of morphological freedom. Our objectives are: i) to present a conceptual map and the struggles that configure the trans issue in the Functionings Approach (PdF); iii) to include the debate in an emerging field of reflection, fostering interest in transhumanist studies, emphasizing morphological freedom as a transhuman right. After presenting some of the main nuances of the trans issue in Brazil, we advocate expanding the list of the so-called moral concernants, offering a more inclusive normative perspective as possible. Based on the adoption of functional systems, we draw attention to the gain of replacing the notion of human rights with that of fundamental rights, presenting the PdF. We conclude by presenting the concept of transhuman rights, which may indicate an expansion of those concerned and the freedoms guaranteed, highlighting morphological freedom, which seems fundamental to us for the exercise of an unavoidable dimension of the existence of transgender and transvestite people.
KEYWORDS
Transgender persons; Social inclusion; Freedom