O direito ao nome em face da repersonalização do direito privado : a questão do "nome social".

Abstract

Under the perspective of the constitutionalization and repersonalization of Private Law, we intend to define the extent of protection of the right to the "social name", and promote the free development of the transvestite personality in its fullest form, based on the fundamental right to personal identity. It is primarily a historical contextualization of the constitutionalization process, through the research of the origins of Private Law, setting up and development of the Liberal and Social States models and, the starting point of the Social Democratic rule of law. Then, our study covers up the constitutionalization and repersonalization processes in the Brazilian context, and its implications on the formation of new constitutional order rules to which all laws are ubordinated. On the second item, the objective is to describe and characterize the rights of personality, which acquire a reinterpretation in the light of repersonalization, supported by Human Dignity. The third item, analyzes the transgender condition and its historical-cultural implications under a deconstructive perspective of traditional heteronormative paradigm torque. The name, as a fundamental right of personality, is analyzed from a legal and social perspective. In conclusion, the right to "social name," despite the non-existent legal provision, constitutes a key symbolic victory of the LGBT's movements toward a contemplative and cozy constitutional jurisdiction of diversity, offering citizens the fundamental right to personal identity will, in carrying out human dignity.