Court determines that health plan covers sex reassignment surgery for trans women in Poços de Caldas | South of Minas

The Justice determined that a health cooperative cover the procedures for the sex reassignment surgery of a transgender woman from Poços de Caldas (MG). The decision is by the judge summoned from the 11th Civil Chamber of the Court of Justice of Minas Gerais, Narciso Alvarenga Monteiro Castro and was released this Friday (29).

According to the TJMG, the refusal of the health plan to cover the surgery is illegal. The cooperative has 20 days to arrange sex change procedures. The deadline began to run on July 22, when the decision was published. If the company does not meet this deadline, it may be penalized with a daily fine of BRL 500, limited to BRL 20,000.

The TJ reported that the woman filed a request for injunctive relief for the health cooperative to cover the sex reassignment surgery procedures. The lower court judge postponed the decision until the cooperative manifested itself.

In view of this, the woman questioned the decision and the judge summoned, Narciso Alvarenga, considered that the procedures required for the surgery are part of the health plan coverage.

According to the TJ, the judge took into account that the woman proved, through psychiatric medical reports, that she was only born in a man’s body and that the presence of the male sexual organ is not good for her, to the point of taking her to a deep depression. She has also changed her name and has feminine features on her body.

“The suitability of biological sex (genitalia) to your female gender will ensure respect for fundamental rights, health and dignity of the human person, even allowing you to suffer for being strange to your own body”, said the rapporteur.

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