Reconhecimento legal de nome e gênero: regimes comparados de regulação e vulnerabilidades registrais

Abstract

This dissertation investigates the legal recognition of name and gender as legal categories that structure identification and belonging, situated at the intersection between civil law, human rights, and gender studies. It problematizes the tension between self-perceived personal truth and registered truth, questioning how legal systems, which are mostly binary, operate as devices of exclusion by imposing barriers to the formation of civil identity. It adopts a legal-social approach and a comparative legal method to analyze international regulatory regimes, proposing a taxonomy that classifies systems into descriptive models (based on medical or behavioral evidence) and elective (based on self-determination), binary and non-binary, based on the legislative and jurisprudential experiences of countries such as Italy, France, India, Belgium, Germany, and Spain. Under the theoretical framework of intersectional feminism and queer theory, with an emphasis on the contributions of Judith Butler, Stefano Osella, and Ruth Rubio-Marín, essentialism and the pathologization of identities are criticized. In the Brazilian context, the normative trajectory between the decisions of the STF, the provisions of the CNJ, and Law No. 14,382/2022 is examined, identifying advances in dejudicialization but pointing to the persistence of registration vulnerabilities, specifically the absence of uniform gratuity and the cost of fees as barriers to access to citizenship. It is concluded that the adoption of elective models, unrelated to biological requirements and centered on autonomy of will, is the appropriate way to guarantee human dignity and the free development of personality.