The personal identity as a fundamental right of the human person and some of its manifestations in the Brazilian legal order

Abstract

The present paper carried out a vertical study of the right to personal identity, a topic rarely explored by Brazilian legal theory, perhaps because of the absence of explicit norms regulating it. For this purpose, we conceptualize what becomes personal identity for the law, analyzing the components of this definition. Subsequently, it was examined whether this right would implicitly belong to the list of personality rights and could be raised to the level of a fundamental right. After verifying that this is a fundamental personality right, we seek to demonstrate that personal identity is the argumentative tone in several themes in the national legal context (many of which are recent), such as: Duty of the State to register the birth of de child, the identity of the transsexual person, the right to be forgotten and the right of genetic identity.