Abstract

LASMAR CORREA, Ana Paula  and  RODRIGUES, Victor Fróis. Challenges for the Effectiveness of Fundamental Law with Dignity in Extrajudicial Action: a Comparative Analysis Between the Provision 73 of the cnj and adi 4275/df. Opin. jurid. [online]. 2022, vol.21, n.44, pp.260-278.  Epub Mar 19, 2022. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v21n44a13.

This article aims to analyze the work of extrajudicial services, especially the Civil Registry, in the realization of the right to dignity, comparing the positions of the Brazilian Supreme Court (ADI nº 4275/DF) and the National Council of Justice (Provimento nº 73). This research activity was performed according to a qualitative methodology, building the theoretical framework to verify the possibility of changing name and gender by a transexual person towards civil registers. It was intended to demonstrate the difficulties faced by brazilian members of Civil Registry, which must be guided by two divergente rules, which makes the exercise of the rights of transsexuals unfeasible. The results show the unnecessary requirements and the possibility of change.

Keywords : human dignity; notary law;transgender person.

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