ANÁLISE DAS POLÍTICAS PÚBLICAS DE DEFESA DE DIREITOS DA POPULAÇÃO TRANS NO ESTADO DE MATO GROSSO DO SUL, À LUZ DOS PRINCÍPIOS DE YOGYAKARTA

Abstract

The present article seeks to conduct a detailed analysis of Brazil’s actions and, specifically, those of the State of Mato Grosso do Sul regarding the protection of the rights of transgender individuals through public policies and affirmative actions. It also aims to assess the importance of the Yogyakarta Principles in recognizing the human and fundamental rights of the LGBTQIA+ community. In this context, the research poses the following question: what political, social, and legal measures are being implemented to combat the persistent discrimination against transgender and transvestite individuals in the State of Mato Grosso do Sul, and what is the relevance of the Yogyakarta Principles in this regard? To propose an answer, the article adopts the deductive method, through bibliographic and jurisprudential review, with the general objective of identifying and evaluating national and state-level public policies in Mato Grosso do Sul aimed at protecting the rights of transgender people, considering the stigmas and institutional barriers they face daily, in light of the Yogyakarta Principles. The specific objectives are: to analyze the context of violence and discrimination against transgender individuals in Brazil, particularly in the State of Mato Grosso do Sul, by examining public policies, affirmative actions, and the impact of social stigmas in areas such as health, education, employment, and security; to assess the compatibility of the legal and social treatment of transgender individuals with constitutional provisions and principles, highlighting potential violations of fundamental rights; and to investigate the application of the Yogyakarta Principles in judicial decisions and public policies, both at the national and state levels, as instruments for the protection and promotion of transgender rights. In this sense, the analysis is justified by Sustainable Development Goal 10 of the United Nations 2030 Agenda, which seeks to “reduce inequality within and among countries,” and, more specifically, by Target 10.3, which emphasizes the importance of eliminating discriminatory laws, policies, and practices while promoting appropriate legislation and actions to ensure equal opportunities. Therefore, it is concluded that the Yogyakarta Principles, in addition to filling a normative gap, can serve as an instrument for ensuring rights and reducing the discrimination experienced by historically marginalized minority groups. Furthermore, it was observed that public policies are also effective means of combating structural prejudice against transgender individuals, highlighting the crucial role of the government in safeguarding the full dignity of this social group.