In the last decade, at least 12 Brazilian states have registered a 300% increase in the use of social name –designation by which a transvestite or transsexual person identifies and is socially recognized– in school documents and records. Between 2012 and 2021, more than 15,000 public school students filled in, in their enrollment forms, the names by which they would like to be recognized in schools.
The survey, carried out by the Investigative Nucleus of CNNwith data from the State Departments of Education, obtained through the Law on Access to Information (LAI), shows that these students are enrolled in both basic education (infant, elementary and high school) and in the Youth and Adult Education (EJA) modality.
Of the states consulted, São Paulo leads the ranking with around 7,000 records in school documents in the last ten years. The state network of São Paulo regulated the right to use a social name in the Student Registry through the Decree No. 55,588implemented in 2010 by the then governor José Serra (PSDB).
Amazonas, Ceará and Paraíba reported that, despite the availability of the “social name” field in the system, it was found that it was filled in incorrectly – some with the parents’ names or even the students’ nicknames. Thus, there is no way to specify the number of people who requested the use of their real social names.
Maranhão, Minas Gerais, Roraima and Sergipe, reported that they do not have this information in the system.
The regulation of the use of social names in basic education institutions was approved by the Ministry of Education, through the Resolution of the National Education Council No. 1 January 2018. Since then, young people over 18 years of age can request the registration of their social name when registering in schools. In the case of minors, the request must be made by those responsible.
According to professor and researcher in education Luma Andrade, “the issue of the social name is a claim by the LGBTQIA+ population, especially transvestites and transsexuals, who are part of a collective struggle”.
Luma is the first transvestite to earn a doctorate in Brazil. For her, acceptance in the academic environment is important, but the scenario is still complex. “We have situations that the documents contain [nome social]but in the practice of the act of professors, colleagues and employees, when addressing transvestites and transsexuals, they try to impose the question of the name that these people do not identify themselves”, says the professor.
“This name being recognized is not enough in terms of official school documents. […] It is not enough to have a legal provision stating that it must be respected and considered within the documents, it is necessary to recognize the issue of sociability. It is necessary that it does not remain something theoretical, but that it becomes a practice in the experience of the school floor, where people can be respected as they wish”, says Luma.
Rectification of civil name
According to sociologist and professor at the University of Brasília (UnB) Berenice Bento, the achievement of the social name for the trans community in Brazil is a basic human condition. “Discussing your name, how you want to be recognized, is fundamental,” she says. However, she understands that there is still much to be done in relation to basic rights for this part of the population:
“In Brazil, we have a void of public policies for trans people. The social name is already a difference in itself. Why do I have to differentiate and say that trans people have a social name? The very way in which the legislation is conceived, we say it is an advance, of course. for those who had nothing […] is important. But [a mudança ocorreu] so that it continues to have a differentiation in the recognition of the full rights of these people. Why social name? Why not civil name and period?”.
In 2018, the Federal Supreme Court (STF) authorized transvestites and transsexuals to change their civil names and gender in the registry office without having to undergo surgery. The process of changing the civil name –known as rectification– can be done directly at the registry office.
Jaciana Batista is the mother of Gustavo Batista, a 7-year-old trans boy. She found out her son was trans when he was just 2 years old. According to Jaciana, he began to show aggressive behavior when he dressed in girl’s clothes or was called by female pronouns.
For Gustavo’s mother, changing her son’s civil name on the birth certificate was “a great victory”, since he started to be recognized in the way he identifies himself, also avoiding discrimination.
Luma Andrade says that the decision of the STF is important, but there are still difficulties. “We still have an obstacle, which is the need for resources to make this change. Not all transvestites and transsexuals are able to correct their names. They forgot that the class cut exists. Not all people have the money to make this change at the registry office”, says the teacher.
For those over 18 years of age, the change of civil name costs an average of R$ 130, but the value may vary according to the region. If the person is unable to pay the procedure fee, he must declare his income to be entitled to the gratuity. In some places, notaries may require a fee exemption letter through the Public Defender’s Office.
Source: CNN Brasil
