PRINCÍPIO DA IMUTABILIDADE DO NOME CIVIL EM FACE DA LEI 14.382/22

Abstract

The central objective of this research is to analyze the persistence of the principle of immutability of the civil name of the natural person in the context of the changes introduced by Law 14.382/22 in Law 6.015/73. The underlying hypothesis is that, despite legal and jurisprudential changes, the principle of name immutability does not persist in the same way as before, becoming increasingly flexible. The adopted methodology is hypothetical-deductive, and the research utilizes the technique of indirect bibliographic and documentary review. Sources include doctrinal literature, scientific articles, current and repealed legislation, as well as jurisprudence from higher courts, especially paradigmatic decisions. The study begins by examining the origin of the name, defining its concept and legal nature from a doctrinal perspective. Next, it explores the legislative evolution of the institution, highlighting the changes introduced by Law 14.382/22. Additionally, it analyzes the situations that authorize the alteration of the given name and surname under the legal regime prior to the mentioned law, considering the jurisprudential stance of higher courts. The research aims to provide a proposed solution to the issue at hand, aiming for greater protection of individual rights, especially those related to personality and individual autonomy. The relevance of the topic lies in its direct connection to these rights, affecting personal identity and self-determination of individuals in the context of legal and jurisprudential changes related to the civil name.