CHANGE OF FIRST NAME AND GENDER OF TRANSGENDER PEOPLE AND LEGAL BUSINESS

Abstract

The Federal Supreme Court, supported by the Federal Constitution of 1988, as well as by the Civil Code of 2022, taking into account the principle of human dignity, recognized the right of the transgender personality to change their first name and gender in the birth and marriage record of the Civil Registry, independent of sex reassignment surgery and judicial authorization, for this, the National Council of Justice edited Provision 73/2018, which brought the rules for the change of administrative form, however, article 5 of that provision highlighted the confidential nature of the act, and the new Registry cannot refer to the change in the new birth or marriage record. It is important to emphasize that previously the changes of first name and gender, legal transactions may have been carried out by the applicant, which may cause doubts and legal uncertainty, thus, the present work analyzes the need to register the change of name and gender in business previously carried out the change in respect of the principle of legal certainty, using the methodology of bibliographical research.