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Injunction forces the Union to make adjustments to prioritize the social name and exclude the gender field from the national identity card.

From the Editor

 

Wednesday, May 29, 2024

 

 

The Federal Court granted an injunction obliging the Union to modify, within 60 days, the design of the new  CNI -  national identity card to ensure the rights of trans people. According to  Federal Judge Mateus  , from the 13th Civil Court of Brasília/DF, the document should no longer include the "sex" field and should unify the "name" field, eliminating the distinction between social name and civil name. Furthermore, the Union must add the "social name" field to its Federal records so that it appears before the "registration name".

 

The injunction was the result of a public civil action filed by the regional attorney for Citizens' Rights in Acre, Lucas Costa Almeida Dias, who argued that the lack of recognition of the name chosen by trans people contributes .

 

 

Justice orders change in national identity card and federal registrations to ensure respect for trans people. 

The judge, when accepting the request, highlighted the importance of the name in the construction of an individual's identity and social recognition.

 

 "An individual's identity is constructed from multiple factors, with the name being one of the most fundamental components of this construction. The name carries not only a sense of individuality, but also of belonging and social recognition."

 

According to him, the social name chosen by the trans person represents a break with an identity imposed by society and the affirmation of who they really are.

 

"This nominal recognition is essential for your dignity and for the full exercise of citizenship. It is a fundamental requirement to ensure your position and respect in society."

 

Furthermore, considered it inappropriate for federal systems such as  or SUS to use the civil name to the detriment of the social name, due to the constraints this can cause. He noted that discrepancies in names on official documents can prevent trans people from accessing essential public services, increasing their social vulnerability.

 

"The fear of being humiliated or discriminated against can lead to the exclusion of these people from vital services, worsening their social vulnerability" , concludes the judge.

 

The decision also applies to a similar action filed in 2022 by  Antra -  National Associations of Transvestites and Transsexuals and  ABGLT -  Brazilian Association of Lesbians, Gays, Bisexuals, Transvestites, Transsexuals and Intersex, which share the same arguments. The entities emphasize that exposure to humiliating situations due to the use of a name that does not correspond to people's gender identity can cause great discomfort.

 

A report by Antra and Transgender Europe points out that Brazil has led the ranking of murders of LGBTQIA+ people for 15 consecutive years, highlighting the importance of these measures to protect this group.

 

Understand

 

The Federal Court, when analyzing the requests, considered a 2023 technical report from   Federal Executive Chamber for Citizen Identification, which corroborated the allegations of the MPF, Antra and ABGLT. The technical body, in charge of establishing standards for identity documents, recommended in its report the removal of the "sex" field and the merger of the civil and social name fields.

 

Furthermore, based on these recommendations, the Federal government itself announced that it would reformulate the design of the new national identity card - established in the previous administration - to align with the guidelines proposed by  and avoid discrimination against transgender people.

 

However, in November 2023, decree 11,797/23 was issued , extending the deadline for the States and the Federal District to issue the new document, contradicting  technical conclusions by keeping the "name" and "social name" fields separate. , in addition to preserving the "sex" field, without providing justification for such a decision.

 

According to the Federal government's official website, more than six million new documents have already been issued. Therefore, the Federal Court saw urgent intervention as necessary, considering the potential risks to the rights of the trans population if the current layout were maintained.

 

People who already have their identity in the current format will not need to obtain a new document unless they choose to do so.

 

 link: https://www.migalhas.com.br/quentes/408346/respeito-trans-juiz-determina-que-novo-rg-nao-tenha-campo-sexo