The establishment of the right to change the registration name and sex by the self-perception of gender in Brazilian civil rights

Resumo

This article addresses the right of persons who do not identify themselves with their registered sex to change it, as well as their first names in the public records, adapting them to their self-perceived gender. The practical difficulties that the non-publication of the entire content of the Brazilian Supreme Court decision, which allowed that change in a comprehensive manner to all citizens, caused for the establishment of this right when facing the Civil Registries is also taken into account. Another issue is the solution given administratively in a pioneering way by the Ceará Court of Justice and, later, by the National Council of Justice, when publishing regulatory proceedings directly in the public registries, in a relatively simple and safe way. A brief comparative analysis will be carried out between the Ceará provision and the National provision. The deductive method will be used, starting from some legal norms, and, mainly, the provisions of the Ceará Court of Justice and the National Council of Justice, with analysis of its commands. A theoretical qualitative research line will be adopted, with an analysis of bibliographic sources, as well as laws and regulations.