The High Court of Justice (STJ) ruled unanimously on Wednesday (12/11) that the military cannot discharge, reform or dismiss transgender soldiers based on their gender identity. The case (Special Appeal No. 2,133,502), which began in Rio de Janeiro, was reported by Minister Teodoro Silva Santos, who defended the integration of the theory in defense of the rights of transgender soldiers.
“Transgender status or gender transition, in and of itself, does not constitute a disability or disease for military service,” he said during the vote.
The court’s understanding requires that all records and administrative communications be updated to reflect the soldier’s gender identity using a social name. Additionally, it was defined that entry into a vacancy assigned to a person of the opposite sex cannot be used as a justification for dismissal.
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The court also ruled that military personnel cannot be dismissed, retired, or dismissed simply because they are transgender or in the process of transitioning, and that forced discharge and clearance procedures (where a military member is removed at the initiative of a competent authority rather than at the request of an interested party) based solely on gender identity are prohibited.
This understanding of the court was conducted in a special type of process called an Inference of Capacity Case (IAC) and is therefore an essential reference for all judges and courts in the country. This means that transgender soldiers can no longer be removed or discharged from service based on their gender identity, and future decisions on this topic must follow the same position as STJ.
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