In a recent decision, the Third Panel of the Superior Court of Justice (STJ) authorized the replacement of a civil first name with a well-known public nickname, reinforcing the understanding that the right to self-identification and human dignity prevails even when there is no vexatious or embarrassing connotation in the registered name.
The case in question involved a man seeking to change his first name, Eliberto, to the compound name Heinze Sánchez, with which he had identified since childhood and was widely known in his social circle. The change had been denied in lower courts on the grounds that the registered name did not contain any obvious error or potential to expose him to ridicule.
However, upon appeal to the Superior Court of Justice (STJ), the decision was overturned. The reporting judge in the case, Justice Nancy Andrighi, emphasized that the Court’s jurisprudence already takes a liberal stance on changes to civil registration, prioritizing personality rights. The Justice argued that assessing the possibility of change should not be limited to verifying whether the name is vexatious, but rather consider the distance between the legal name and the name by which the person is socially recognized. This distance, in itself, can harm an individual’s dignity.
The STJ Panel, in a unanimous decision, recognized the appellant’s right to change his name in the civil registry, considering that the inclusion or replacement by a well-known public nickname is admissible when there is consensus that the desired name reflects the individual’s personal and social identity.
This decision is in line with the change in the Public Records Law that occurred in mid-2022 and which allowed for the first name to be changed without reason, as long as the identification of the family lineage is preserved and the legal requirements are met.
