A travesti e a mulher trans perante o sistema penal: da incriminação ao encarceramento

Abstract

The scope of this work is to study the figure of the travestis and the transgender woman before the State as criminalized and marginalized subjects. Faced with remote legal, social and economic guarantees, this population suffer from various violence from the earliest age. In this sense, this research has the general objective of finding out about the experiences of travestis and transgender women within the punitive system. The specific objectives are configured in the understanding of travestis and transsexual women's gender identities, in the study of the incrimination process that leads to prisons, in the analysis of the experiences of travestis and transsexual women incarcerated in male prisons, incompatible with their female identities, and in the investigation of the LGBTQIA+'s wards as a solution to the violence suffered by these people within the prison system. In order to confirm the hypothesis that travestis and transsexual women are suffering transphobia when they are imprisoned in men's prisons, literature and a documentary analysis of court decisions and official reports will be used. From this, seeks to conclude that the best solution to be applied is to offer the choice between the women's prison and a special ward into the male’s prison, but, even so, like violence remains and is only extinguished with an abolition of the system. It is questioned, therefore, what are the particularities faced by trans people incorporated into the prison system and whether the Law is capable of dealing with them.