According to a resolution published in the Official Journal of the Union last Monday (10), the government is preparing changes in the name fields social status and gender of the National Identity Card (CIN), a standardized document that should replace other forms of identification of the citizen. The corporate name is a right guaranteed by law in Brazil and must be respected by public bodies, companies and educational institutions.
Thus, the Federal Executive Chamber of Citizen Identification created a working group composed of representatives of five ministries, in addition to IRS and the National Council of Directors of Identification Bodies. The main objective is to suggest changes to the current rules, which were established in February 2022, in the government of former President Jair Bolsonaro.
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The Federal Prosecutor's Office for Citizens' Rights (PFDC), an agency of the Federal Public Ministry (MPF), released a technical note, in November last year, criticizing the decree that established the rules current. This is because the text provides for the inclusion of the registration name next to the social name field.
The prediction for the inclusion of the registration name in the CIN for the PFDC not only configures flagrante delicto violation of the trans person's right to self-identification, as it invalidates their own need to use. The agency adds:
”In addition to setting a dangerous precedent for the vexatious exposure of a name that does not represent the person you want to identify, the requirement to include the biological sex, in addition to not containing any administrative or bureaucratic need that justifies it, encourages violations of the human rights of people who have a registered sex different from their gender identity and expression,” he added. the organ.
According to the decree published last Monday (10), a draft to amend the provisions on gender and social name fields in the National Identity Card must be submitted within a maximum of 60 days.
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