O DIREITO Á ALTERAÇÃO DO NOME E GENERO CIVIL DAS PESSOAS TRANSGENERAS NO BRASIL

Eficácia legal e Desafios Burocráticos á Luz dos Direitos Humanos

Abstract

ABSTRACT: The general objective of this article is to reflect on the effectiveness of changing the civil name and gender of transgender individuals, from the perspective of Direct Action of Unconstitutionality (ADI) No. 4,275, Provision No. 73/2018 of the National Council of Justice (CNJ), and Human Rights. The study presents the facts and legal grounds that highlight the importance of this extrajudicial amendment, as well as the manner in which this procedure is carried out in Brazil. The central issue sought to understand how the civil name change of transgender people is implemented and what type of treatment is offered by public and private institutions responsible for conducting this procedure. The research also examined the challenges found within administrative and judiciais settings, considering regulations such as ADI No. 4,275 and CNJ Provision No. 73/2018. Furthermore, it analyzed the guarantee of constitutional rights based on human dignity and the social rights related to gender identity. The study was developed through an analytical bibliographic review, using legal doctrines, legislation, scientific articles, dissertations, theses, and monographs as theoretical references. The conclusion is that, despite normative advances that have enabled greater autonomy and reduced bureaucracy in the process of rectifying one’s civil name, there are still institutional, structural, and social obstacles that hinder the full realization of the right to identity in the extrajudicial sphere. It is observed that these barriers will only be overcome through the continuous improvement of public policies and institutional practices, as a means of ensuring respect, dignity, and full citizenship for transgender people.