THE CITIZENIZATION DILEMMA OF TRANSGENDER PEOPLE IN PROVISION N. 73/2018 OF THE CNJ

• Autor(a) principal: Amorim Bulzico Battaglin, Bettina Augusta
• Data de Publicação: 2023
• Outros Autores: Opuszka, Paulo Ricardo
• 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/67435
• topic: Pessoa transgênero; Cidadania; Direito ao nome; Transgender person; Citizenship; Right to name; Persona transgénero; Ciudadanía; Derecho al nombre

This article evaluates an existing dilemma in the content of Provision nº 73/2018 of the National Council of Justice. In line with the decision of the SUPREMO Federal Court in ADI 4275, this norm regulated the extrajudicial procedure of rectification of public records to enable the registration rights to the name and gender identity of transgender people. From then on, it has been possible to carry out said adjustment directly at the competent Civil Registry of Natural Persons. Much more than any other member of the LGBTQIA+ universe, transgender people suffer many prejudices. That is why the said Provision represents a significant achievement. Despite its emancipatory nature, the Provision's text is out of step with the current text of the Public Records Law. This law, in addition to allowing name correction in the Civil Registry of Natural Persons, established a small amount of documents required to prove identity. However, the transgender person was not covered by this benefit. The fact makes it difficult to conquer essential rights to enjoy citizenship. The discrepancy between the normative texts justifies the need for a closer look at the subject. Through the deductive method, based on bibliographical, legislative and jurisprudential analysis and dialectical reflection, the difference between the rules for changing the name of the Law of Public Records and Provision n. 73/2018 of the CNJ. In the end, it is intended to make some propositional and conclusive observations about the text that regulates the change of name and gender of the transgender person in order to suggest improvements in the legal treatment of the subject.