SOCIAL NAME AND THE PROTECTION OF THE RIGHT TO PERSONALITY IN THE PROTOCOL FOR JUDGMENT WITH A GENDER PERSPECTIVE AS A REPERCUSSION OF THE DECISION OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS IN BRAZIL

Abstract

The right to a name is intrinsically linked to ancestry, self-determination and the dignity of the human person. For a long time, the name was somewhat immutable. One was born and died with the name designated by the ancestors. However, with the evolution of society and interpersonal relationships, the name, in some cases, has become a kind of 'prison of the human personality'. This is because he attached himself to a physical image, disregarding how a person recognizes himself within a gender perspective. It is in this context that the law began to protect the use of the social name. Although there are legal provisions that guarantee the change of name under this bias, Brazilian society is still hostage to patriarchal and discriminatory ties that prevent the exercise of this right. It is in this sense that the social name was sheltered by the Protocol for Judgment with a Gender Perspective, created in 2021 by the National Council of Justice (CNJ). This instrument intends to guide judges in their sentences, always taking into account the violence resulting from the violation of human rights based on gender discrimination. Thus, through a documentary analysis, this article intends to assess how Brazilian legislation safeguards this right, how the protection of the social name is given within the scope of the Protocol, as well as to analyze the position of the Inter-American Court of Human Rights (IACHR Court) on the subject. With this, it is expected to demonstrate the importance and scope of the Protocol for the promotion of such a crucial right to the self-determination of the human person.