A DESJUDICIALIZAÇÃO DA ALTERAÇÃO DO NOME E DO GÊNERO NO REGISTRO CIVIL DA PESSOA TRANSEXUAL

Abstract

This present work aims to analyses the recent process of non judicialization of changing name and gender in official state papers of transgender people in Brazil, made possible by the advent of the Supreme Court decisions, resulting from the Unconstitutionality Directive (ADI) 4275 and Provision n º 73 from CNJ. To this end, 15 (fifteen) Natural Natural Person Registry Offices of the city of Recife were elected and delimited as the field of action of this study, seeking to demonstrate in practice the effects of living law. In this sense, the perspective with personality rights, sexual dignity, individual self-determination and the right to real truth will be approached as elements whose influence is intrinsic to the guarantee of fundamental rights that guide the dignity of the human person. Moreover, within the precepts of a democratic and progressive society, it is clear that the maintenance of legal constraints that deprive the trans individual of living fully his right to identity.