RIGHT TO IDENTITY AND CHANGES IN NAME/GENDER ON BIRTH REGISTER: THE NEED OR NOT OF SURGERY FOR SEXUAL REDESIGNATION

Abstract

Current essay discusses the judicial demands to rectify the civil name or the need of surgery for sexual re-designation to obtain the desired modification in the birth certificate. The issue has not been answered by the Courts since the decision by the Brazilian Supreme Court is awaited on the subject (Direct Suit on Non-constitutionality 4275, running since 2009). The hypothesis is based on the fact that many people depend on an understanding and a solution that takes into account such values as human dignity so that identity is preserved. The Brazilian Supreme Court in its ruling on ADIN 4275 has to put in the balance favorable and contrary arguments with regard to the subject matter. The theoretical and deductive methodology is based on legislation, doctrine and jurisprudence (especially the last) and other sources which explicit the issue. Current qualitative research reveals decisions by the Courts by content analysis of the juridical discourse.