Changes in the civil registry (vital record) for transsexual citizens: an empirical analysis of the appeal’s court of Rio Grande do Sul state

• Autor(a) principal: Flores, Maicon Varella
• Data de Publicação: 2017
• Outros Autores: Duro, Renato Dias, Brum, Amanda Netto
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Estudos Empíricos em Direito
• Texto Completo: https://reedrevista.org/reed/article/view/162

This research intends to investigate the attitude of the Appeal’s Court of Rio Grande do Sul towards surname and gender changes in the civil registry to transsexual individuals. In order to do so, by making use of the descriptor “alteração de registro civil transexual” we have conducted a mapping through quantitative research on the court’s decisions from 1985 to 2016. Thus, problematizations on identity categories (Dias, 2015) of gender and sexualities were carried out based on theories from cultural studies, especially Foucault’s (1999, 2010, 2014) and Butler’s (2003, 2012, 2015). Also, we performed a literature review on the (re)construction of gender and sexuality identities. We interpret these categories by a theoretical perspective which inserts them under the power relations (Foucault, 2014) and also classifies them as performative andflexible, granting them potential flowability (Brum & Dias, 2015). Besides, by discussing the importance oflegal recognition of changing both the forename and the gender in the civil registry for the transsexual population, we defend their recognition as humans. Thus, they are subjects of human dignity, which contributes to the recognition of an effectively intelligible and recognizable transsexual identity construction.