Identidade e segurança registral: análise do direito ao nome no direito brasileiro

Abstract

This research aims to analyze the right to a natural person's name from the perspective of civil law, with emphasis on its identity function and the registral security arising from its legal protection. The study seeks to understand how the name, more than a mere formal designation, constitutes an instrument of dignity and social recognition, connecting the individual to the legal system and ensuring the exercise of fundamental rights. The adopted methodology is essentially descriptive and bibliographical, based on national and foreign legal doctrine, comparative legislation, and case law. The comparative method is used especially to examine rules related to the right to personal identity, the right to a good name, and the structure of the civil registry. The research also engages with the Brazilian context of social vulnerability, highlighting the role of civil registration as a mechanism of citizenship and social inclusion. The study begins with a historical analysis of the name and its incorporation into civil law, then investigates its legal nature as a personality right. It examines the relationship between name, dignity, and citizenship, the structure and components of the name, the various substitutive forms, and the legal grounds for name changes in the registry. The findings indicate that legal protection of the name goes beyond its formal identification function, expanding as an expression of human dignity, which demands a harmonious interplay between civil law and the registral system. The name thus emerges as a foundation for legal certainty, documentary stability, and effective access to citizenship. The research concludes that strengthening registral practices and recognizing multiple expressions of identity are essential steps to ensure the full exercise of the right to identity in a democratic state governed by the rule of law