Court decides that the issue will be discussed through ADPF, not through Extraordinary Appeal, after nine years of waiting
The Federal Supreme Court (STF) decided to deny the proceeding of an appeal that sought recognition of the right of transsexuals to use public bathrooms according to their gender identity. The decision, taken after a debate between Minister Luiz Fux and the President of the Court and rapporteur of the case, Minister Luís Roberto Barroso, also included the cancellation of the general repercussion of the action. The topic will be taken up again in the Court, but through an Allegation of Non-compliance with a Fundamental Precept (ADPF).
As rapporteur, Barroso proposed that the thesis of general repercussion was that “transsexuals have the right to be treated socially according to their gender identity, including when using public bathrooms”. However, in his opinion, Fux argued that the STF should not analyze the facts of the case in question, highlighting that the TJ-SC ruling does not present evidence of a rude, aggressive approach or one motivated by prejudice or transphobia, and that the The Court could not raise a constitutional issue not addressed by the ruling.
Fux’s position was followed by the majority of ministers, with the exception of Barroso, Edson Fachin and Cármen Lúcia, who maintained a different view on the subject.
By Ezatamentchy
Source: Maxima
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