The majority of ministers of the Federal Supreme Court gave a favorable opinion so that transgender people can change their name in the civil registry without the need to undergo sex change surgery.
In his vote, the reporting minister Marco Aurélio Mello stated that “it is unacceptable in the democratic state of law to make it impossible for someone to choose the path to be taken, preventing them from taking full and happy protagonism in their own journey”.
Marco Aurélio argued, however, that a minimum age of 21 be stipulated for the name change to take place and the need for a medical diagnosis by a multidisciplinary team, after at least two years of joint monitoring.
Minister Luís Roberto Barroso was more liberal in his vote and defended that the change of name in the civil registry be authorized even without the need for judicial authorization.
“Gender identity cannot be proven,” said the minister, citing the decision of the Inter-American Court of Human Rights. “I am demonstrating that there is no need for a court decision,” he stated.
Ministers Alexandre de Moraes, Edson Fachin, Rosa Weber and Luiz Fux also followed the favorable vote, totaling six votes from the total of eleven ministers.
The STF plenary confirmed late this Thursday afternoon, 01st, that transsexuals and transgender people have the right to change their name on the document, adapting it to their gender identity by 10 votes – minister Dias Toffoli did not participate in the vote. The majority of ministers also decided that judicial authorization will not be required for the transsexual to request a change to the document, which can be done at a notary's office.
