Direito ao nome e tutela da identidade familiar feminina: estratégias para a uniformização da alteração extrajudicial do sobrenome materno nos registros filiais no estado do Tocantins

Abstract

This professional and interdisciplinary master’s research analyzes the right to a name and the protection of female family identity, proposing strategies to standardize the extrajudicial alteration of the maternal surname in the children’s birth records in the state of Tocantins. The study is justified by the difficulties faced by women, especially after the dissolution of a marital union, in rectifying their children’s civil records due to lack of information, high costs of amendments, and the absence of standardized and accessible procedures. The general objective is to propose normative and operational measures to ensure the effectiveness of the mother’s right to a name, reducing judicialization and promoting greater legal certainty. The adopted methodology combines a qualitative approach, documentary research, normative analysis, and bibliographic review, with an interdisciplinary and propositional character. The results reveal legislative advances in the recognition of women's autonomy but also highlight the persistence of bureaucratic barriers and gender inequalities in registration practices. As technical products, two scientific articles and a proposal for resolution and recommendation to the National Council of the Public Prosecutor’s Office (CNMP) were developed, providing guidelines to support the institutional role of the Public Prosecutor in promoting the name change of women and the corresponding amendments in their children's records. The conclusion emphasizes that the alteration of a woman’s name is a process deeply connected to identity, gender equality, and family protection, requiring not only legal frameworks but also coordinated and sensitive action by legal professionals. The study reaffirms the importance of applied research in developing concrete and feasible solutions that reconcile constitutional principles with social reality, ensuring effectiveness and equality in the provision of extrajudicial services.