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Brazilian Navy imposes medical leave on trans sergeant and may be in violation of court order

Once again, the Brazilian Navy shows all its prejudice and arbitrariness in another case of transgender military personnel, compulsorily removed from their activities without any plausible reason to support such a measure. The case is about Sergeant Alice Costa, who is currently serving at the Naval Hospital in Ladário/MS, who has already had a request denied by the Navy's Director of Military Personnel (DPMM) so that she could exercise her gender identity and expression because she is transgender.

The denial led Alice to file an ordinary lawsuit requesting injunctive relief, considering the serious damage to her dignity if an urgent measure in this regard was not adopted. This injunction was granted by the substitute judge of the 1st Federal Court of Corumbá/MS, Daniel Chiaretti, in July this year, which guaranteed Alice the use of the uniform and female hair and the use of her social name on the uniform's identification plate, denied initially by the DPMM's application.

After the decision, Alice even recorded audio in a private group, informing that some military members of her sector had bought her female uniform pieces, such as pairs of shoes and a complete service uniform, that it was the first time she could feel dignity in her life and that everyone was respecting her and celebrating her achievement.

However, her momentary happiness was soon placated by a treacherous, prejudiced attitude, worthy of the dark times of the dictatorship. A medical officer from the Navy's Superior Board of Health, in Rio de Janeiro, was designated to go to Ladário to exclusively inspect Sergeant Alice. She was surprised, as she had recently been examined by the Regular Health Board of Ladário. It was a random and unplanned event.

The result was as expected: they imposed leave of absence for Health Treatment (LTS), for an initial period of 90 days, without even informing her the reason, as she had just received a CAPABLE in her previous exams. Informally, she was told that the leave was due to the lack of endocrinologists in her region who could assist her in her gender transition process. But such a reason sounds contradictory because it would be the opposite, if there were a doctor, maybe the LTS could be supported, not to mention that Alice already follows up with her endocrinologist at the Fiocruz Hospital, in Rio de Janeiro, remotely.

Her lawyer, Bianca Figueira, not satisfied with the situation, petitioned the court, informing of the very serious situation, demanding explanations from the Navy, that they inform the reason for the removal of Sergeant Alice, alleging that such removal represented a ploy not to comply with the injunction decision because once removed, the decision would lose its effects. The judge, in turn, reiterated the author's request, determined that the Navy should present, within five days, the reason for Sergeant Alice's LTS, informing that, if not perfectly grounded, such attitude could characterize a breach of the judicial order. The deadline is running!


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