Claim of Non-Compliance with Fundamental Precept 787/DF

primary care for transexuals and transvestites as a group in a vulnerable situation within the Unified Health System (SUS), an analysis of the notion of transformative constitutionalism

Abstract

 In view of the innovative perspective of constitutionalism, within the scope of Latin America, we discuss transformative constitutionalism in the search for changing a social reality. In this sense, the question is: In what aspects do the measures determined by the Supreme Federal Court (STF) in the precautionary measure of ADPF 787/DF, regarding primary health care for transgender and transvestite people, contribute to the strengthening of Transformative Constitutionalism, with regard to the protection of the fundamental rights of groups in situations of vulnerability? The deductive approach method, the analytical procedure method and the documentary and bibliographical research technique will be used. The proposed objectives consist of analyzing the concept of Transformative Constitutionalism and how the Supreme Federal Court contributes to the strengthening of this concept. To analyze the difficulties faced by the vulnerable group of transsexuals and transvestites in accessing healthcare through the Unified Health System (SUS) according to the difficulties and decision of the Supreme Court, and to analyze the changes proposed in the decision of ADPF 787/DF, regarding the guarantee of scheduling appointments in specialties, specifically for transsexuals and transvestites. To analyze the measures determined in ADPF 787/DF and in what aspects they contribute to the notion of Transformative Constitutionalism, from the perspective of changing social reality and greater protection of the fundamental rights of vulnerable groups. As a result, ADPF 787/DF highlights the difficulties in accessing the right to health through the SUS, making clear the need to promote changes in access to health for transgender and transvestite people.