Me chame pelo meu nome: o nome civil e o direito à identidade
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Date
2021-03-23
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Universidade Católica do Salvador
Abstract
The legal name represents the instrument used to designate and individualize
people, whether considered alone or in connection with the family to which they
belong. Through the evolution of the concept of State, the legal name came to be
regulated, shaping its constitution, origin, maintenance, as well as, in some
exceptional circumstances, ways of changing it. This research seeks to discuss the
name’s immutability in the circumstance of subjective non-identification to the first
name given by the family. To this end, it sought to identify national law that regulates
the legal name and the possibilities for its changing; relate interdisciplinary aspects
that involve the right to a name and the right to identity; observe circumstances that
generate subjective non-identification through case studies. A literature review was
carried out on legal aspects of the legal name and the right to identity, and an
exploratory, qualitative study of semi-structured interviews with people who
demonstrated dissatisfaction with their given name and with officers from Civil Law of
Natural Persons Registries in the exercise of their activity. The results revealed the
understanding of the name as a sign of human individuality, as well as its public
aspect before the State, as the state entity set limits and rules for its exercise; the
importance of knowledge of the law regarding the possibilities of changing the given
name; the limits established by law for judicial change; the given name change in the
registry office, and the position of the registry officers who defended the provision of
more options for the extrajudicial change. Moreover, the research demonstrated the
pursuit for the construction of identity through processes of changing the given name
and factors that hindered the subjective identification of the interviewees to the
names given to them. Among these factors, there are parents disagreeing about the
name chosen at the time of registration, difficulty with the spelling of the names
chosen, and late registrations giving different names to what had previously been
indicated. And finally, the path of provocation to the State to manifest itself on issues
related to the name of the natural person, primarily guided by the right to the
personal identity of each individual, in order to guarantee the prerogative of
adequacy of the name to the identity of the subject of right. This work contributed to a
greater understanding of the legal name in addition to its legal aspects and the path
taken by the human being to identify himself with the given name, which allowed an
analysis of contemporary themes, such as the right to identity, human dignity,
personality rights, and family contexts.
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Keywords
Nome civil, Direitos da personalidade, Direito à identidade, Registro civil, Família, Legal name, Personality rights, Right to identity, Registry office, Family