Supressão do patronímico: o princípio da imutabilidade do nome e a visão do Superior Tribunal de Justiça

• Autor(a) principal: Pacheco, Welliton Gislon
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/6104
• topic: Direitos da personalidade; Supressão do patronímico; Segurança jurídica

The objective of this research was to analyze the Superior Court of Justice's understanding of the possibility of suppressing the patronymic. Thus, a survey of the most relevant judgments in relation to the proposed theme was carried out. As for depth, this research has an exploratory nature, considering that the understanding of the theme is relevant before entering the main theme. The procedure used for data collection is the documentary, in which certain judgments handed down by the Superior Court of Justice were collected. As for the approach, the research is classified as qualitative, given the scarcity of decisions in this regard. A total of five decisions handed down by the Superior Court of Justice were analyzed in the context of a special appeal, among them two special appeals that had their claims granted and three special appeals that had their claims dismissed. The principle of immutability of the name derives from the public interest, aiming to protect legal security, whether in civil contracts or in the criminal sphere. However, the analyzes carried out showed a more flexible positioning in relation to the subject by the Superior Court of Justice, in which an more humanistic application is advocated with the application of hermeneutics, thus paying attention to the deepest feelings of each individual and not law enforcement in an absolute manner. Thus, the research concludes that the cases in which there is the possibility of suppressing the patronymic, are the cases in which the surname that refers to the bearer of the anguish and suffering experienced in childhood, as well as the feeling of exposure to ridicule when carrying such a patronymic , all this due to emotional, moral and economic abandonment from a young age.