Aspectos jurídicos da mudança do nome e gênero: estudo da ação que julgou a constitucionalidade do direito fundamental ao nome social

Abstract

In 2018, Brazil's Federal Supreme Court judged the Direct Action of Unconstitutionality (ADI) No. 4.275 filed by the Attorney General's Office to allow transgender persons to rectify their first names and sex in the civil registry settlement without the need for a transgenitalization surgery. The present work, which used the case study methodology, has as its problem the investigatation of the grounds that motivated and justified the change in the legal treatment given to the institute of name and gender in civil registry settlements from the judgment of the ADI. No. 4.275. The objective of the article is to carry out a study of the institute of the name, in the light of Civil and Constitutional Law, going through the principle of human dignity until the deep analysis of the foundations that supported both contrary and favorable arguments, and finally verifying the judgment and the impact of this decision on the legal system.