Direito Civil - Nova Aula 21 - Nome da Pessoa - Art. 16 CC (Lei 14.382/22)

Summary

This lesson discusses the right to a person's name as a fundamental right of personality. It covers the dual aspects of a name: public and individual. The video explores the rights and legal procedures for altering a name, such as when the name is ridiculed, contains errors, or involves homonyms. It also addresses changes to surnames, including changes after marriage, divorce, or adoption. Additionally, it highlights the impact of recent legal changes that simplify the process for name modifications, ensuring individuals can align their names with their identity and family connections.

Takeaways

• 😀 The name of a person is a fundamental right, as it is a personal right and essential for identification within society and the state.
• 😀 The name has two aspects: the public aspect, for state identification, and the individual aspect, for personal identification among people.
• 😀 The Civil Code (Article 16) grants the right to a name, which includes both the first name (prenome) and surname (sobrenome).
• 😀 The first name belongs to the individual, while the surname is passed down through family lineage, either by descent or affinity.
• 😀 First names and surnames can be simple or compound, with examples such as João Pedro (first name) and Silva Pereira (surname).
• 😀 Nicknames or additional identifiers, such as 'Júnior', 'Neto', or 'Filho', distinguish individuals with the same name and family background.
• 😀 Changing a surname is more difficult than changing a first name, as the surname is tied to the family lineage.
• 😀 A person can alter their first name through direct request at a civil registry after reaching adulthood, without needing to justify the change (as per Law 14.382/2022).
• 😀 Legal provisions allow for first name changes in cases where the name exposes a person to ridicule, such as problematic or historically negative names (e.g., Adolf Hitler).
• 😀 Common name issues (homonymy) can now be addressed more easily with the addition of a second surname to prevent confusion with others sharing the same name.
• 😀 Name changes can also occur in cases of adoption, coercion, or threat, and trans individuals can request a change to align with their self-identified gender under the provisions of the National Justice Council (Provimento 73).

Q & A

What is the right to a person's name according to the script?

The right to a person's name is a fundamental personality right, essential for identifying individuals within the state and society. It allows people to exercise their rights and duties.

What are the two main aspects of a person's name?

The two main aspects of a person's name are the public aspect, which allows the state to identify and assign rights and duties, and the individual aspect, which allows the person to be identified by others.

How does the Civil Code define a person's name?

Article 16 of the Civil Code defines that every person has the right to a name, which includes both the first name (prenome) and the last name (sobrenome).

What are examples of simple and compound first names and last names?

Simple first names: João, Pedro, Maria. Compound first names: João Paulo, Maria Clara. Simple last names: Pereira, Silva. Compound last names: Pereira Gonçalves, Souza da Silva.

What is the purpose of the agnome in a person's name?

The agnome is used to distinguish individuals with the same name and family, such as Filho, Neto, Júnior, or Sobrinho.

How has the process of name alteration changed under Law 14.382 of 2022?

Law 14.382 of 2022 simplified the process of name alteration. People can now directly request a change in their first name at the registry office without needing a judicial decision, provided it is their first name change.

What are some cases in which a first name can be altered?

A first name can be altered if it exposes the person to ridicule, if there is a spelling mistake, if there is homonymy (too many people with the same name), or if the person is trans and requests a name change aligned with their gender identity.

What does the law say about the inclusion of surnames in case of homonymy?

The law now allows individuals to add family surnames to avoid homonymy. This can be done directly at the registry office under the provisions of Article 56 of Law 6015.

What does the law say about the alteration of surnames?

The alteration of surnames is easier under Law 14.382 of 2022, allowing for changes in surname for various reasons, such as including surnames from family members, including or excluding a spouse's surname during or after marriage, or altering it due to changes in filial relationships.

What rights do stepchildren have regarding surname changes under the new law?

Stepchildren may request that their stepfather or stepmother's surname be added to their birth or marriage registration, provided the stepparent agrees, without affecting their original family surname.