Lawyer Fernanda Soares believes that this proposal does not violate human rights. She says men and women have different physical structures, which means their physical abilities in sports are also different.

“When we talk about sports that require good physical performance to be successful, to claim that there is no competitive advantage in developed male bodies is something extraordinary and extraordinary claims require extraordinary evidence. We “We still do not have enough studies that allow us to be certain that this advantage does not exist”, estimates the specialist in sports law.

“The PL is not isolated from the agreements that sporting entities have already reached, as in the case of FINA, the International Swimming Federation. The entity created, in August, an open category to include transgender athletes in sport. Additionally, since last year “FINA has restricted the participation of trans women who have transitioned after 12 years of participating in international competitions. This is in no way an exclusion of trans people from sport, but rather an adaptation in the competition categories,” adds Fernanda Soares.

MP Jesse Lopes (PL), author of the project, justifies that the proposal aims to ensure equal conditions between athletes, by highlighting the superior physical condition of trans players compared to non-trans women. The PL provides for a fine equivalent to 10 times the minimum wage for sports federations, entities and clubs that do not comply with state regulations.

“Given that some international federations currently prohibit transgender athletes from accessing women’s competitions, our project aims to defend women and ensure that exclusive spaces in sport are reserved for them, providing the feminine notoriety that any sport deserves,” did he declare.

Despite the athlete’s stated gender, the PL rationale emphasizes that, from a physiological perspective, the athlete’s body was conditioned with the male hormone testosterone. Doping tests, which monitor permissible testosterone levels, can result in loss of titles if they exceed established limits.