Retificação de Prenome e Gênero: Um Balanço Histórico à Luz dos Direitos Humanos

Resumo

This article historically analyzes the process of legal name and gender rectification for transgender individuals in Brazil through a human rights-based approach and the evolution of national and international legal frameworks. Initially, it examines the principle of name immutability established by the Brazilian Public Records Law and the way in which the Brazilian legal system traditionally conditioned civil registry amendments on judicial proceedings, medical and psychological reports, and the pathologization of trans identities. The study then discusses the advances promoted by decisions of the Brazilian Supreme Federal Court, especially ADI No. 4275/2018, which recognized the right to change one’s legal name and gender directly at civil registry offices without requiring surgery, medical reports, or judicial authorization. The article also analyzes the influence of international guidelines, such as the Yogyakarta Principles and Advisory Opinion No. 24/17 of the Inter-American Court of Human Rights, as well as the limitations that still persist within the Brazilian legal system, particularly regarding bureaucratic, economic, and cultural barriers. Finally, it argues that although important advances have been made in recognizing gender self-determination, legislative and institutional shortcomings continue to hinder the full realization of citizenship and dignity for transgender individuals in Brazil.