A alteração de prenome de pessoas trans e travestis sem necessidade de cirurgias de redesignação de gênero ou tratamento hormonal: o julgamento da ADI 4275 como afirmação dos direitos à liberdade e da personalidade

Abstract

The present work aims to verify how the judgment of the Direct Action of Unconstitutionality nº. 4275, which defined the possibility of changing the name and gender of trans and transvestite people without the need for gender reassignment surgeries or hormone treatment, represented an affirmation of the rights to freedom and personality for a historically neglected portion of the national population. Therefore, the concepts of freedom and personality are explored, verifying how they were constituted in law, as well as the legal institute of the name, presenting its characteristics, especially the possibilities of alteration. Furthermore, considerations are made about the concepts of sex, sexuality, gender identity, gender and sexual orientation, differentiating them from the perspective of the transgender theory, analyzing, in addition, the history of the trans and transvestite population in Brazil, presenting their origins and the recent conquest of their rights. Finally, an analysis of ADI 4275 was carried out, through the arguments of the Attorney General of the Republic and the votes of the Ministers of the Federal Supreme Court, in order to verify how the decision provided the Brazilian transgender population with greater access to their basic rights, verifying the procedure for changing the name administratively.