O posicionamento do STF quanto á retificação do prenome dos transgêneros: análise crítica à luz dos direitos da personalidade

Abstract

The main purpose of this article is to analyze the judgment of direct action of unconstitutionality 4.275 issued by the Supreme Court in 2018, in which it recognized the right of transgender people to rectify the name and sex in the civil registry without the need for sexual reassignment surgery and judicial decision. For many years, transsexuality was considered a mental illness, and transgender people were discriminated against on the grounds of being carriers of a pathology, a trajectory that violates the fundamental rights of these people based only on prejudice and discrimination not only by society, but also by the State. The proposal is to demonstrate the great advance of the national legal system in relation to the fundamental rights that must be protected with regard to the dignity of the human person. For this, the theoretical-bibliographic method was used to collect data that based the arguments placed on the discussion and the deductive method to weigh the data obtained and make the critical analysis approach of the said judgment.