Combate à desigualdade social por meio da garantia universal de acesso à documentação mínima: o enfrentamento do sub-registro de nascimento

Abstract

This work investigates the importance of the birth registration system in Brazil as a fundamental element for human dignity, establishing connections with the guarantee of human rights and the promotion of social equality and inclusion. Birth registration emerges as an essential mechanism that provides legal identity to individuals, serving as the foundation for the full exercise of citizenship. The absence of registration generates severe implications, depriving individuals of legal identity and, consequently, undermining their human dignity. The research highlights that human dignity is a central principle in societies that seek justice and equality. In the Brazilian context, birth registration becomes a pillar for the realization of dignity, as it allows the necessary legal recognition for active participation in society. Without registration, individuals face invisibility and exclusion in various areas of life, such as the labor market, education, public services, and decent housing conditions. Such restrictions limit opportunities for personal development, negatively impacting social cohesion and quality of life. The work also details how the lack of registration reflects the ineffectiveness of the State in guaranteeing fundamental rights and promoting social well-being. This absence indicates the inadequacy of public policies that should ensure the dignity and inclusion of all citizens. Therefore, the response to under-registration cannot be limited to issuing birth certificates but must include a broader approach that addresses the structural causes of the problem, such as socioeconomic inequalities and barriers to access basic services. It is essential to consider birth registration as a basic human right, as it is not merely a bureaucratic procedure. Registration constitutes the foundation for other rights and essential services, enabling individuals to seize opportunities and exercise guarantees that shape their life trajectories. With the legal recognition provided by birth registration, each person is identified as a rights holder, which facilitates access to civil, political, and social rights. In this sense, birth registration becomes a cornerstone of citizenship, allowing individuals to actively participate in social and political life. Ensuring access to birth registration promotes an environment where every person can fully develop their potential and contribute to a more just and inclusive society. The dissertation also emphasizes that the law, as a normative instrument, is not the definitive solution to social problems. Legislation reflects the realities and dynamics of a constantly changing society, requiring adaptations and evolutions in legal norms. Although the law is essential, the mere existence of legal provisions does not resolve complex issues such as social inequalities and rights violations. However, the legal certainty provided by legislation is crucial to ensuring that the rights stipulated are respected and realized. Through legislation, an environment is created where citizens can claim their rights and seek redress in cases of violation. Finally, the proposal for a bill to improve the rules of the Special Fund for the Compensation of the Free Civil Registration Acts (FUNCIVIL), focusing on eradicating under-registration in the State of Tocantins, represents an important advancement. This proposal not only confers rights but also imposes duties on the State, establishing essential responsibilities for maintaining social order and justice.