CHANGE OF FIRST NAME AND GENDER IN THE CIVIL REGISTRY: REFLECTIONS ON PERSONALITY RIGHTS

Abstract

This article examines the bureaucratic and registration obstacles faced by individuals seeking to change their first name and gender in Brazil, a fundamental issue for the realization of personality rights and identity self-determination. Although the legal system guarantees this change as an expression of the right to dignity, difficulties persist that highlight the discrepancy between legislation and its practical application. The decisions of the Federal Supreme Court (STF) and the regulations of the National Council of Justice (CNJ) ensure the change of name and gender without the requirement of medical reports or surgery. However, some institutional obstacles remain, such as the absence of regulatory standardization, excessive documentary requirements, and differences in notarial procedures in relation to different locations. The main objective of this study is to analyze these barriers and their impact on the full exercise of personality rights. To this end, it seeks to: investigate the challenges faced in registry offices, considering the discrepancy in criteria; discuss the legal and sociological foundations of identity self-determination; suggest reforms to ensure greater accessibility and uniformity in registration procedures. The relevance of the topic lies in its direct relationship with the dignity and autonomy of individuals in a democratic society. The research contributes to the academic and legal debate, in addition to promoting more inclusive public policies and combating discrimination. A qualitative approach is adopted, based on a bibliographic review of legal, sociological, and philosophical works, in addition to the analysis of regulations and judicial decisions. The study highlights the need to standardize registration procedures and train professionals in the field to ensure the effective exercise of fundamental rights and the protection of personality rights.