Transexualidade e o direito ao próprio nome: uma análise da (in) violabilidade do direito da personalidade face à identidade e a retificação do registro civil

Abstract

The present work has as a goal to explain about the process of rectification of civil records of transsexuals, in a primary way, it explains about the concepts of sex, sexuality and gender, bringing a sociological slant about these concepts where they will serve as base to a better comprehension of the theme. With that, we should say that transsexual men and women live the gender distinctly of the norms imposed on the area of heterosexism that impose congruence between sexes, sexuality and gender. In light of that, emerges the troublesome about the possibility of rectification of the name of these people, that for so long, didn’t have the specific legal support for that to happen, so, we will explain about the personality’s rights and its characteristics, such as the name and its importance to the social life, the Law of Public Records, that over many times served as based on the application of some decisions, another topic approached talks about the transsexual and the fundamental right to identity, that way, transsexual people will be protected of any discrimination, having its right known in front of the society. We should also mention the decisions made that came before the decision of STF on recognizing the transsexuals’ rights of rectify its registers, decisions that were based only on personal understanding, because of a lack of a specific legislation, which end up causing great affliction and insecurity on the transsexuals. Although, recently, STF understood that those people may in a simplified way and personal will, without any disturbing of the judiciary, go to the registry and request the rectification, without even have passed by the process of sexual reassignment, with that, we exposed about the basic principles and fundament the votes, such as the exposition of the process to be obey by these people who wish the rectification of its names and sex on the civil records.