GENDER IDENTITY AND AUTONOMY ON PERSONALITY RIGHTS IN THE BRAZILIAN LEGAL ORDER

• Autor(a) principal: Baleotti, Francisco Emilio
• Data de Publicação: 2023
• Outros Autores: Eugenio, Alexia Domene
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Eletrônica do Curso de Direito da UFSM
• Texto Completo: http://periodicos.ufsm.br/revistadireito/article/view/42677
• topic: Dignidade humana; Direitos fundamentais; Identidade de gênero; Integridade biopsíquica; Human dignity; Fundamental rights; Gender identity; Biopsychic integrity; Human dignity; Fundamental rights; Gender identity; Biopsychic integrity

The autonomy over the personality rights of human beings has always been an object of regulation and moral control, especially regarding people who do not identify with their birth gender (biological). Faced with an increase in self-empowerment, it was sought to analyze the extent of autonomy over gender identity in the brazilian legal system. Among the objectives of the research are the evolution of personality rights such as name and gender, the existing regulations, as well as the decision handed down by the Federal Supreme Court in ADI 4275, and the regulatory framework subsequent to this milestone, which promoted a substantial change in the exercise of existential autonomy over personality rights. Furthermore, the methodology includes an approach to the medical and legal consequences of personal identity. Through a deductive method and bibliographical research, it aims to demonstrate the legitimacy of the body's disposition and name changin independently of that, in view of the human dignity and personality development. Currently, with the decision under concentrated constitutionality control and the new rules of CNJ as well the Public Records Law, all judicial and administrative bodies are bound to promote the modification of registry seats and the realization of human dignity.