RETIREMENT BY AGE AND CONTRIBUTION TIME:

GRANTING BENEFITS TO TRANSGENDER INDIVIDUALS FROM A LEGAL PERSPECTIVE

Abstract

This article aims to analyze, from a legal perspective, the challenges faced by transgender individuals in accessing scheduled retirement benefits within the Brazilian General Social Security Regime (RGPS). The study is justified by the absence of specific legal provisions or administrative guidelines that regulate the application of age and contribution time requirements according to gender identity. Based on the 1988 Federal Constitution, especially the principles of dignity and equality, and supported by relevant case law, such as ADI 4.275/2018 and RE 670.422/RS, the research adopts a qualitative methodology. This includes legislative review, doctrinal analysis, and jurisprudential examination, seeking to understand how the lack of legal regulation affects the effective exercise of social rights. The results indicate that applying biological sex as the main criterion for granting retirement benefits reinforces structural discrimination, generates legal uncertainty, and violates fundamental rights. The discussion highlights that the Judiciary has provided protection in the absence of explicit legislation, but this mechanism is insufficient to ensure full inclusion of transgender people in social security. Closing remarks emphasize the urgent need for public policies and legislative reform that explicitly address the rights of transgender individuals in the social security field, ensuring equal access to retirement and reinforcing the constitutional principles of social justice and human dignity.