The STF (Federal Supreme Court) made a new decision on the place of imprisonment for transgender people.
The new order was taken by majority and overthrew what had been defined by Luís Roberto Barroso which gave transvestites and female transgenders the option of choosing to serve their sentence in a female prison or in a reserved wing for males. By six votes against five, Barroso’s decision was overturned.
The majority of ministers voted for the CNJ (National Council of Justice) resolution to prevail, which regulates all procedures for the conviction of self-declared LGBTQIAP+ people.
Now, the judges are the ones who must define, in a reasoned manner, the place of imprisonment for these people, after being questioned about which place they prefer to serve their sentence.
According to the CNJ, those responsible should ask trans people about their preference between female, male or specific unit and, if any, whether they opt for detention in general living or in specific wards, according to the article in Folha de S. Paulo.
As for people who identify as gay, lesbian, bisexual or transvestite, judges should ask whether there is a preference in general conviviality or specific wards and cells.
Source: Maxima
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