The (i) mutability of the name: innovations in the public records law and the possibility of changing one’s name administratively

The main objective of this article is to analyze the changes brought about by Law 14.382/2022, which brought about significant changes to the Public Records Law (Law 6.015/1973), with an emphasis on the possibility of changing one's name administratively. This study begins with a brief analysis of the concept of the name, as well as taking a historical look at its social function up to the present day. It then discusses the name as a personality right and its relationship with the principle of human dignity, as well as the characteristics inherent in the name as a subjective personality right. It then studies the immutability of the name adopted before the legislative changes that took place in 2022 and the causes that allowed the name to be changed. To this end, the study was carried out using bibliographic sources, scientific articles, magazines and case law related to the subject. Finally, it is concluded that, based on the analysis of the prename as a right to personality, the individual's will and well-being began to be taken into account. However, based on these changes and the legal innovation in the Brazilian legal system, it became fully possible to change the name extra judicially, with legal certainty, thus solidifying the principle of human dignity.

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Publication Details

Journal
Forensic Research & Criminology International Journal
Published
2025-01-01
DOI
https://doi.org/10.15406/frcij.2025.13.00438
Primary Topic
Conflict of Laws and Jurisdiction
Type
article
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article

The (i) mutability of the name: innovations in the public records law and the possibility of changing one’s name administratively

Pâmela Bellório Guerra, Marcilaine Faustina de Oliveira Sodré
Forensic Research & Criminology International Journal
Conflict of Laws and Jurisdiction
article

The (i) mutability of the name: innovations in the public records law and the possibility of changing one’s name administratively

Pâmela Bellório Guerra, Marcilaine Faustina de Oliveira Sodré
article en

Abstract

The main objective of this article is to analyze the changes brought about by Law 14.382/2022, which brought about significant changes to the Public Records Law (Law 6.015/1973), with an emphasis on the possibility of changing one's name administratively. This study begins with a brief analysis of the concept of the name, as well as taking a historical look at its social function up to the present day. It then discusses the name as a personality right and its relationship with the principle of human dignity, as well as the characteristics inherent in the name as a subjective personality right. It then studies the immutability of the name adopted before the legislative changes that took place in 2022 and the causes that allowed the name to be changed. To this end, the study was carried out using bibliographic sources, scientific articles, magazines and case law related to the subject. Finally, it is concluded that, based on the analysis of the prename as a right to personality, the individual's will and well-being began to be taken into account. However, based on these changes and the legal innovation in the Brazilian legal system, it became fully possible to change the name extra judicially, with legal certainty, thus solidifying the principle of human dignity.

Forensic Research & Criminology International JournalVol. 13(1)
Openalex Percentile: Top 93%
Conflict of Laws and Jurisdiction
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The (i) mutability of the name: innovations in the public records law and the possibility of changing one’s name administratively — Pâmela Bellório Guerra, Marcilaine Faustina de Oliveira Sodré · Forensic Research & Criminology International Journal (2025) | TGRS Research Map | TGRS