The purpose of this study is to analyze the role of constitutional jurisdiction in the application of fundamental principles, focusing on the dignity of the human person, in contravention of the principle of legality, also contained in constitutional norms, especially regarding transgendering / objective requirements for entering the public service, more specifically, in the Armed Forces. Thus, it will be investigated the contemporary problematic affects post-positivism, that is, judicial discretion based on an open, flexible system, so that individual guarantees are in harmony with the legal effects produced, through hermeneutics, so that respect for the right of the personality, can confer dignity, freedom of the use of one’s own body and equality to defend minorities, legitimizing the right to obtain judicially the change of gender in the civil registry, with repercussion in the most diverse spheres of law, without prejudice to institutional legality.
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