Direito e transexualidades: a alteração de nomes, seus papéis e negociações

Abstract

This work emerges from the articulation between transsexuality and law. The change of transgender people civil registry presents several dimensions, beside the legal realm, with repercussions on health department, and, primarily, on the social relationships which those individuals forge with their affectionate ones. The negotiations that traverse transgender people experiences acquire relevance through the use of “embarrassment”, whereas engaged discourse for the creation of an ethos of empathy and compassion, as much as on the part of their lawyers and advocates, as on the part of the people themselves, as a way of justifying their desire of being corrected identified. The choice of the name is a moment which expresses the negotiation practice in their intimate familiar environment, forming a highlighted space for relatedness relationships, in which conflicts, approaches and estrangements arise. Thus, this research aims: (1) to substantiate and characterize the chain of events that led to the ADI (Direct Action on Unconstitutionality) 4.275 decision in the Supremo Tribunal Federal (Supreme Federal Court), and in the following issue of Provision nº73/2018 in the Conselho Nacional de Justiça (National Justice Council), proceeding with the judicial, legal, medical and psi science-related in relation to the alteration of transgender people registers, referring to name and gender; (2) to analyze initial petitions of legal processes of rectification of these transgender civil registries considering the use of “embarrassment” as a way of negotiation, language and discourse inside the micro politics of emotions; (3) to reflect on the enveloped negotiations when it comes to choosing the name of transgender people, through ethnographic reports, considering their aspects related to the focus on relatedness relationships and the development of alliances outside this homely environment, as an identity-defining instrument. The fulfillment of these purposes will rely on the analysis of judicial decisions from several instances, from six initial petitions elaborated by the Defensoria Pública de Minas Gerais (Public Defense of Minas Gerais) and by the Núcleo de Prática Jurídica da Universidade Federal de Juiz de Fora (Federal University of Juiz de Fora’s Judicial Practices Center) and ten reports recorded by interviews.