Direito fundamental ao nome: dos limites às perspectivas de avanços às pessoas trans*

Abstract

The right to the name deserves the due constitutional protection, considerating it a fundamental right. The law doesn't allow that trans* people – transvestite and transsexual -, however, can change their civil forename, toward the rights to privacy, to freedom of opinion and expression and to health. This research proposes to verify the actual positioning of Rio Grande do Sul jurisprudence and public administration relative to the subject, including the recognition of social name. Ahead, it will research if the proposals of advances, in administrative, judicial and legislative areas, is going to be effective mechanisms to ensure the free exercise of the right to identity for trans* people, especially as regards to the forename. For this, it was chose, as the approach method, the deductive to set up the present limits, until analyze if the advance perspectives are indeed able to dilate them, in benefit of the right before said. Because of that, the textual structure has two chapters. As the procedure method, it were chosen the comparative and the statistical. The search tecnhiques applied were the documentary and the bibliographic. It was observed the differentiated treatment in favor of operated transsexual in Rio Grande do Sul jurisprudence, for who is allowed to change their registral forename and sex, as also the administrative recognition of the social name, achieved in the incipient social name card. By the other side, it was verified the alternatives of upgrading the administrative practice in the other Federation entities, the existence of a process to discuss the constitutionality of a law for enable non operated transexual to change their registral forename and sex and the bills related to the subject. Finally, it was concluded that the effective improvement can come from the jurisprudence and the public administration.