Intransigent Legislation: Public Policy analysis on the reality of Trans live


  • Jaime Alonso Caravaca-Morera Universidad de Costa Rica/ Universidade Federal de Santa Catarina
  • Maria Itayra Padilha Universidade Federal de Santa Catarina


Transexuality. Public Policies. Legislation & Jurisprudence. Necropolitics.



This paper engages in a comparative analysis of trans-positive political frameworks in Brazil, Canada, and Costa Rica. Our analysis focused on the protection of trans rights and access to gender-affirmative and trans-positive health care, as well as the legal mechanisms involved in changing ones name and gender designator. The information was gathered from January 2014 to September 2015, through virtual research in the official government websites and in the following databases: Medline, LILACS, SciELO and Google Scholar. The paper restricts this analysis in highlighting the necropower of Law and Medicine as instituted forces that throughout the “normalizing”, homogenizing, moralizing, psychiatrizing and pathologizing process, dictate in society their rules. It is concluded that the human rights with regards access to the health and judicial systems, remain based on an invisible or psychiatric model. Therefore, in the examined countries we can conclude that the advancing steps show relatively limited progress, perhaps, because the gender perspective is still absent from the social debate.

Biografia do Autor

Jaime Alonso Caravaca-Morera, Universidad de Costa Rica/ Universidade Federal de Santa Catarina

Jaime is a professional nurse, professor and researcher at the University of Costa Rica, Costa Rica. He has completed the International Research Capacity-Building Program for Health Related Professionals to Study the Drug Phenomenon in Latin America. Currently is a PhD student at the Federal University of Santa Catarina, Florianópolis, Brazil. He has been working in the area of health and vulnerable populations for almost 5 years. With regards his Master's Degree, he worked with homeless people and crack users. His current dissertation research examines the life stories and social representations of sex, body, gender and sexuality among transgender people in Brazil, Canada and Costa Rica. He is member of the History of Nursing and Health Care Knowledge Study Group (GEHCES/UFSC) and the Re:searching for LGBTQ Health/ University of Toronto, in Canada. He is interested in Public Health, International Health, Vulnerable Populations, Drug Phenomenon, Homelessness and Gender and Queer studies. Universidade Federal de Santa Catarina Centro de Ciências da Saúde. CEP: 88040-970 Florianópolis – SC, Brazil. E-mail: Telephone: +554898144881.

Maria Itayra Padilha, Universidade Federal de Santa Catarina

Doctora en Enfermería.  Profesora Titular del Departamento de Enfermería y del PEN/UFSC.  Investigadora del CNPq. E-mail:



Como Citar

Caravaca-Morera, J. A., & Padilha, M. I. (2016). Intransigent Legislation: Public Policy analysis on the reality of Trans live. aúde & Transformação ocial ealth ∓ ocial hange, 7(3), 59–70. ecuperado de



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