Direito ao nome: as novas hipóteses de alteração do nome não previstas expressamente na lei de registros públicos

Abstract

The present work is inserted within the field of study in discussions about the rights of personality, more specifically about the outward life more important with a view to identifying people within society, the name. Seek to first discuss the rights of the personality, its history, characteristic and its relationship with the right to the name. In a second time, it shall be for a thorough analysis on the study object of this work, the name, noting their characteristics, integral parts, the principle of the immutability and the main assumptions provided for by law which give rise to the possibility of change. Later, talking on the crux of this study, which is the new ways of changing the name growing by national legal systems. At this point, discuss the paradigm shift that comes to recognizing about the use of the name and its mutability, because the need to monitor the social changes, notably, the new forms of family training, linked to the necessary suitability of civil law to constitutional principles, especially those of non-discrimination and the dignity of the human person, require the extension of interpretive hypotheses leading of changing the name in addition to the situations expressly provided for in the law of conducting, public records act. Thus, the focus of the study will focus on three legal situations that have broad acceptance doctrinal and jurisprudential assumptions as legitimate for the change of the name, but without express provision norms,they are: the dual parentage arising of socio-affective paternity, a name change in case of transsexuality and, finally, the abolition of the patronymic name in case of abandonment.