According to the injunction, the “sex” field must be removed from the document and the “name” field must be unified
The Federal Court responded to the request of the Federal Public Ministry (MPF) and granted an injunction that obliges the Union to reformulate the layout of the new national identity card within 60 days. The reformulation must prioritize the social name and exclude the field of sex, with the aim of ensuring the rights of trans people.
According to the injunction, the “sex” field must be removed from the document and the “name” field must be unified, without distinction between social and civil name. Furthermore, the Union must include the “social name” field in 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. He argued that disrespect for the name chosen by trans people and the difficulties in exercising this right contribute to the invisibility of this population.
Federal judge Mateus Pontalti, when accepting the MPF’s request, highlighted that the name carries not only a sense of individuality, but also of belonging and social recognition. According to the judge, nominal recognition is essential for dignity and the full exercise of citizenship.
The decision also covers a case filed in 2022 by the National Associations of Transvestites and Transsexuals (Antra) and the Brazilian Association of Lesbians, Gays, Bisexuals, Transvestites, Transsexuals and Intersexes (ABGLT), which presented the same arguments.
When accepting the requests, the Federal Court took into account the technical report presented in 2023 by the Federal Executive Chamber for Citizen Identification (Cefic). This body, responsible for standards related to identity documents, recommended the exclusion of the “sex” field and the integration of civil and social name fields.
Although the Federal Government announced that the new identity card would follow Cefic guidelines, Decree 11,797/2023, published in November 2023, extended the deadline for issuing the document, but maintained the fields “name”, “social name ” and “sex”, ignoring technical recommendations.
The Federal Court considered the measure urgent, given that more than six million people have already issued the new document, according to the Federal Government’s official website. The risks that maintaining the current law could pose to the rights of the trans population were also considered.
People who have already issued their identity in the current format will not be forced to issue a new document if they do not wish.
By Ezatamentchy
Source: Maxima
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