CHANGES IN WOMEN'S NAMES AND THE (RE)CONSTRUCTION OF INDIVIDUAL AND FAMILY IDENTITY: A LEGAL AND GENDER APPROACH

Abstract

The right to a name is an essential component of personal and social identity, recognized in the Brazilian legal system as a fundamental right of personality, protected by the Federal Constitution and the Civil Code. Historically, Brazilian society has been marked by a patriarchal structure that has influenced the attribution and alteration of names, especially in the case of women, who are often forced to adopt their spouse's surname after marriage, reflecting gender inequality and affecting their identity autonomy. The advancement of civil rights and the struggle for gender equality has allowed for an expansion of rights, but challenges persist related to changes in a woman's name in the context of dissolution of marriage or stable union. This article analyzes the right to a name as a fundamental right of personality and its relationship with individual and family identity, focusing on the implications of changes in a woman's name from a gender perspective in the Brazilian legal context. The research adopts a qualitative approach, based on bibliographic and documentary analysis, examining the evolution of the rights of spouses in Brazilian legislation and critically evaluating the changes in the woman's name and their implications in the (re)construction of family identity, considering sociocultural and legal aspects related to gender inequality. It is hoped that the results will contribute to an understanding of the complexities involved in changing the name of women in the Brazilian legal context and its reflections on individual and family identity, in addition to highlighting the need for institutional policies and practices that ensure uniformity in the application of legislation.