Open Access Journal
Open Access Journal
Maternity leave in Brazil is a right that ensures social protection and financial stability for pregnant individuals during their leave period. However, transgender individuals face significant barriers in accessing this benefit due to a binary-structured social security system that disregards gender diversity. This study aims to analyze the barriers faced by transgender individuals in accessing maternity leave, considering legal, administrative, and cultural gaps in the Brazilian social security system, and propose solutions to ensure equity in accessing this right. The lack of specific regulations and the insufficient training of professionals at the National Institute of Social Security contribute to discriminatory administrative practices, often forcing individuals to seek judicial remedies, leading to additional costs and emotional strain. These barriers reflect the predominance of a heteronormative perspective within the social security system, which excludes diverse family arrangements and reinforces structural inequalities.To address these limitations, it is essential to implement legislative changes recognizing gender diversity, train social security professionals, and adopt affirmative public policies that promote full inclusion. Such reforms not only reduce historical inequalities but also strengthen social justice and enhance the effectiveness of social protection in Brazil.
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