CNJ’s Act 73 of 2018 versus ADI 4275 of the STF: requirements to the transsexuals’ name and sex change

Abstract

The Committee of the National Council of Justice – CNJ published, on June 28, 2018, the regulation 73, which provides the legal effects of the change of the name and the gender of the transsexuals in the initial registration, marriage and other documents of civil identification of transgenders. The norm originated in the decision of the Brazilian Federal Supreme Court, which determines by direct action of unconstitutionality – ADI 4275 to give constitutional interpretation to Article 58 of Law 6015/1973, recognizing the right of transgenders to replace the name and the gender in the Civil Registry of Natural People. Against this background, this article has as main objective to analyze the ADI 4275 / DF in comparison to the Provision 73/2018 of the CNJ. For this, it was applied the inductive and deductive methods, through indirect documentation such as laws, doctrines, articles, jurisprudence and administrative rules. At the end, it concludes that it is still necessary to act the Legislator to guarantee the human rights to transsexuals in order to minimize and eliminate the legal obstacles and insecurities.