n 2022, a curious case drew attention in the social security sphere. The Court of Auditors of Santa Catarina (TCE) decided to consider the gender that appears in the civil registry to calculate the retirement service of state public servants. The understanding was approved on January 7 and took place after the city hall of Itajaí, in the Valley, carried out an unprecedented consultation on the application of the rules in cases of gender reassignment.
The demonstration took place after the city hall of Itajaí, in the Valley, carried out a consultation on the application of retirement rules in cases of gender changes. In a note to g1 SC, the municipality reported that the consultation was abstract, without taking into account any specific case.
“It was a demand raised by the municipal authority to legally base retirement decisions”, informed the city hall. In the municipality’s staff, there is at least one servant who performed the gender adjustment and in the future will be able to request retirement.
“It is also important to state that the TCE’s manifestation was favorable, however, the votes have not yet been officially released. In this way, the Itajaí Pension Institute, even agreeing with the TCE’s decision, awaits the formalization of the judgment to issue an official position”, he informed.
Important advance, says researcher
According to researcher and professor at the Center for Studies in Gender and Health at the Federal University of Santa Catarina (UFSC) Rodrigo Moretti, the decision is an important advance for the trans population in the state and also a reflection of other rights conquered by the community.
As is the case of Decree No. 8,727 of April 2016, which deals with the use of the social name and the recognition of the gender identity of transvestites or transgender people, without the need for surgery.
“As this happened, we started to have several developments like this one, which without a doubt is extremely important. Even because, people must have their social security rights and, at all levels, adequate to what they are and which they are also in legal terms”, explained Moretti.
At the time, the president of the Homosexual and Gender Law Commission of the Brazilian Bar Association in Santa Catarina (OAB/SC), Margareth Hernandes, also noted the progress of the decision and stated that it uncomplicates the retirement process.
“There was a lot of this discussion about when he/she contributed to the old genre and how much he/she contributed to the current genre. There has always been this conflict, what is the average calculation for this retirement? [A decisão] It is brilliantly respecting the constitutional principle of the dignity of the human person, respecting the human being in the first place”, said Margareth.
Transgender is a person who identifies with the opposite gender to which they were born. It has nothing to do with sexual orientation. — Photo: Alexandre Mauro / G1
Definition
With the definition, the application of the benefits will be given to what is foreseen by law for women. The same orientation may be followed in similar cases that occur in other municipalities in Santa Catarina, informed the agency.
The TCE also defined that if the change occurs after the retirement request, the granting of the benefit and the assessment of the act, for registration purposes, must observe the new condition contained in the civil document. The basis for the new understanding is in accordance with the guidance of the Federal Supreme Court (STF).
The discussion received five in favor of the decision and two against.
The decision also establishes that, in compliance with the principle of human dignity and the prohibition of discrimination, it is prohibited for the public entity responsible for analyzing retirement processes to proceed with differentiated treatment when processing requests for retirement of civil servants who promoted the change gender, attested by the civil registry document.
Source: g1
n 2022, a curious case drew attention in the social security sphere. The Court of Auditors of Santa Catarina (TCE) decided to consider the gender that appears in the civil registry to calculate the retirement service of state public servants. The understanding was approved on January 7 and took place after the city hall of Itajaí, in the Valley, carried out an unprecedented consultation on the application of the rules in cases of gender reassignment.
The demonstration took place after the city hall of Itajaí, in the Valley, carried out a consultation on the application of retirement rules in cases of gender changes. In a note to g1 SC, the municipality reported that the consultation was abstract, without taking into account any specific case.
“It was a demand raised by the municipal authority to legally base retirement decisions”, informed the city hall. In the municipality’s staff, there is at least one servant who performed the gender adjustment and in the future will be able to request retirement.
“It is also important to state that the TCE’s manifestation was favorable, however, the votes have not yet been officially released. In this way, the Itajaí Pension Institute, even agreeing with the TCE’s decision, awaits the formalization of the judgment to issue an official position”, he informed.
Important advance, says researcher
According to researcher and professor at the Center for Studies in Gender and Health at the Federal University of Santa Catarina (UFSC) Rodrigo Moretti, the decision is an important advance for the trans population in the state and also a reflection of other rights conquered by the community.
As is the case of Decree No. 8,727 of April 2016, which deals with the use of the social name and the recognition of the gender identity of transvestites or transgender people, without the need for surgery.
“As this happened, we started to have several developments like this one, which without a doubt is extremely important. Even because, people must have their social security rights and, at all levels, adequate to what they are and which they are also in legal terms”, explained Moretti.
At the time, the president of the Homosexual and Gender Law Commission of the Brazilian Bar Association in Santa Catarina (OAB/SC), Margareth Hernandes, also noted the progress of the decision and stated that it uncomplicates the retirement process.
“There was a lot of this discussion about when he/she contributed to the old genre and how much he/she contributed to the current genre. There has always been this conflict, what is the average calculation for this retirement? [A decisão] It is brilliantly respecting the constitutional principle of the dignity of the human person, respecting the human being in the first place”, said Margareth.
Transgender is a person who identifies with the opposite gender to which they were born. It has nothing to do with sexual orientation. — Photo: Alexandre Mauro / G1
Definition
With the definition, the application of the benefits will be given to what is foreseen by law for women. The same orientation may be followed in similar cases that occur in other municipalities in Santa Catarina, informed the agency.
The TCE also defined that if the change occurs after the retirement request, the granting of the benefit and the assessment of the act, for registration purposes, must observe the new condition contained in the civil document. The basis for the new understanding is in accordance with the guidance of the Federal Supreme Court (STF).
The discussion received five in favor of the decision and two against.
The decision also establishes that, in compliance with the principle of human dignity and the prohibition of discrimination, it is prohibited for the public entity responsible for analyzing retirement processes to proceed with differentiated treatment when processing requests for retirement of civil servants who promoted the change gender, attested by the civil registry document.
Source: g1
