The inclusion of the social name and the rectification of name and gender are rights conquered by the trans population, but it is necessary to be aware, as there are differences between them. Thus, we will explain here what it is, how to access these rights and what documentation is needed to be able to file the request.
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The social name does not change the registered name on the person's birth certificate, but allows him to use this name for the which you identify yourself, either in an institution or even at work, health centers and identification documents (RG and CNH).
How the inclusion is performed depends very much on each state. In São Paulo, it is necessary to complete a form for inclusion or exclusion of the social name, which is available on the official Poupatempo portal. Now, in Rio Grande do Sul, there is the Social Name Card, which can be done at the Identification Posts of the General Institute of Forensics.
It is also possible to rectify the Civil Registry, which is a right that allows changing the name and gender in all documents that are of interest to the person. This process permanently replaces the name registered on the Birth Certificate with the name with which the person identifies at the time. For this to be possible, you need to go to a civil notary and make your request.
In rectification, it is not possible to change the last name, but the “agnomes”, which are the information that comes after the last name, such as Filho (a), Júnior and Neto (a), since these can be changed or removed.
In 2018, the Federal Supreme Court allowed the rectification process to be carried out through the civil registry offices. But before that was possible, it was necessary to have judicial authorization so that the name could be changed, including, in many cases there was a need to present the reports of psychiatric medical consultations and also psychologists so that access could be granted.
To start rectification processes at the notary, the person must be over 18 years old. Minors, even if they have parental authorization, must rectify it through a judicial process. In any case, it is the right of trans young people under 18 to use their social names, which can also be entered on the RG and must be respected wherever they may go.
Regardless of which right you wish to have access to, it is necessary to gather documents. For the inclusion of the social name, the documentation varies in each state, so it is recommended that you look for the responsible bodies to obtain the precise information.
As for the case of Rectification of Registration, the procedure is somewhat national and follows a regulation that came through the decision of the National Council of Justice. It's a long list of documents, and they all need to be up to date. Among them are RG, CPF, voter registration, proof of residence and birth certificate. The complete list you can find clicking here.
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