A alteração nos assentos civis do prenome e do sexo : uma análise da orientação do CNJ

Abstract

This study aims to analyse the Provision nº 73 of the National Council of Justice, especially with regard to aspects related to the Principles of Human Dignity, equality, gender freedom and security legal. To this end, one of the hypotheses is the possibility of the Provision, the despite being conspicuous by the principles linked to gender indentity, to weaken the secutity of legal relations, insofar as it provides that the chance of first name and of the genre administratively and without the need for surgical intervention and hormonal treatment, has the character, as a rule, confidential, a fact that can involve possible obstacles to the search for liability of a civil, criminal, fiscal or administrative. As a secondary hypothesis, it addresses that despite the existence of such possibilities to be analyzed in a specific way and in the specific case, such probability is ascertainable in a non-existent or insignificant situation, which being linked to the eventual failures in the communication system of organs and services, may incur in transgressions of normative aspects that negatively affect legal certainty. In this context, the part that precedes the edition of Provision nº 73 is inserted in a context of numerous court decisions that began with demands for concrete character until arriving at an analysis of abstract scope througt the judgment of the Direct Action of Unconstitutionality nº 4275/DF. Likewise, numerous discussions that took place at the international level mande Brazil discipline the issue, despite the absence of codification of the subject. Indeed, this research observes issues of a legal and social nature that involve the rights of minorities.