The present article seeks to give an account for the legal and judicial context of the recognition and protection of gender identity in the Chilean legal system, currently only indirectly recognized by Law 17,344, which authorizes the change of name and surname in the cases indicated, and in Law 20,609, which establishes measures against discrimination as a suspicious category of discrimination. There will also be a jurisprudential analysis, initiated by the application of these norms and also the international treaties and conventions subscribed, ratified and currently in force in Chile, that allows to show, among other things, the autonomous consideration of the right to gender identity and the perspective of gender in judicial exercise.