The right to use the social name by transgender students in contraposition the parental legal authority

Abstract

As a result of the social movements demands, in a recent decision, Brazilian Supreme Federal Court has made it possible to change the first name and the sex designation on birth certificate in all states of Brazil, not being necessary any transgender surgery or medical report. Only a self-declaration. The National Council of Justice established the minimum of eighteen years of age to request any change in sex designation or in the first name without prior judicial authorization. However, the legal imbroglio persists about the possibility to change of first name, sex designation or social name by individuals under 18 years old, especially when their parents are against, since children or youths depend on the representation or the assistance of their parents or legal guardians. The aim of this study is to analyze the legal implications and the possibilities of adoption the social name by under 18 years old coming from educational institutions, since these institutions show to be the closest social relation in this phase of life after the own family. We sought to review the doctrine, jurisprudence and the legal and administrative regulations that deal with the social name use as a theme. As a result of this research, it has been observed the most important thing to consider is the wish of the child or adolescent, and it should prevail despite the parent opinions. In addition, the schools play a fundamental role to guarantee this right to transgender students under 18 years of age.