The inclusion of transgender women in competitive sport and the implications for the female context in the Brazilian legal order

Abstract

Sport is an important cultural mechanism that evolves and improves over the years. This evolution is related not only to changes in sporting practices themselves, but also to the way sport is perceived, valued and integrated into society. Thus, the purpose of this research is to analyze the aspect of the inclusion of trans women in sport and the implications for the female context in the Brazilian legal system. To this end, it is essential to analyze some concepts about what is meant by gender identity and sexual orientation. However, we cannot talk about inclusion without bringing up the 1988 Magna Carta and the 1948 Universal Declaration of Human Rights, given that their texts protect rights and guarantees inherent to all citizens. Everyone knows that sport is a necessary institute for life in society, as it is an institute that promotes social inclusion. The Federal Constitution recognizes the importance of leisure in the lives of citizens, however, when it comes to transgender people in sport, especially in the female field, it opens up a list of many discussions and opinions. In the meantime, it is necessary for the State to adopt policies for the inclusion of transgender athletes in sports, applying in this case the principle of equality and non-discrimination, so that competitiveness in sport is only based on the results of the competition. The fact is that the exclusion of trans athletes in sport means abstaining from sporting principles, namely equality and non-discrimination, as will be presented throughout this work. The methodology used was the hypothetical-deductive method, whose main research technique was the survey of theoretical references, through documentary analysis in books, scientific articles and electronic magazines, in addition to the analysis of Constitutional and Infra-Constitutional legislation.