Minister Herman Benjamin stated that Maria Luiza was prevented from advancing in her career based on "irrefutable discrimination"
Minister Herman Benjamin, of the Superior Court of Justice (STJ), denied proceeding with the special appeal of the Union and, with that, maintained the judgment of the Federal Regional Court of the 1st Region (TRF-1) that guaranteed Maria Luiza da Silva - recognized as first transsexual in the ranks of the Brazilian Air Force (FAB) – the right to retire in the last rank of the military career in the ranks of enlisted personnel, that of sublieutenant. In the decision, in addition to considering that the judgment of the TRF-1 is in line with the precedents of the STJ, the minister understood that the military proved to have fulfilled the necessary requirements to ascend to the last position of the career and, in relation to those that were not observed, , it was demonstrated in the process that this was exclusively due to the illegal act of reform by Maria Luiza.
“It is legitimate for the appellee to receive full retirement in the post of warrant officer, as her right to progress in her career was taken away due to an illegal, void administrative act, based on irrefutable discrimination. There is no doubt, therefore, that the appellant was harmed in her professional life because of transsexuality”, said the minister.
In February of this year, Herman Benjamin had granted a precautionary measure for the military to remain in FAB functional property until the final decision on her retirement. Due to the news that the Air Force Command was failing to comply with the decision and demanding that the military pay fines for continuing on the property, the rapporteur also determined the suspension of this charge and the full refund of the amounts already discounted. Maria Luiza's story is told in a documentary of the same name by Brazilian filmmaker Marcelo Díaz, which premiered last year.