Brazilians can now change their names under law eliminating need for court approval

Maria Gomes de Souza, 57, was born in the region of Cariri, in the interior of Ceará, and in her childhood, she didn’t know her real name. Called Maria Vaneide since birth, the woman only found out that her so far second name did not belong to her when she started going to school.

When registering her, her father had forgotten to include Vaneide, which he himself had chosen. In addition, her father decided not to give her the family surname Freire.

Now living in Osasco, in Greater São Paulo, she never tried to include the nickname in her documents, despite her desire to do so. For her, the process would be long and tiring. Until last month, a court decision was necessary to make the change.

Approved at the end of June, federal law 14.382, known as Lei de Registros Públicos (“Public Records Law”), allows any citizen over 18 to change their name directly in a civil registry office. Except in cases of suspected fraud, falsity, and bad faith – an analysis that the registry office must make – applicants do not have to explain their motives.

Previously, the law allowed the change only in the first year of majority, i.e., between 18 and 19. In addition, the request had to be analyzed in court and presented with a reason considered sufficient for the change. This way, the process could be long and discouraging for interested parties like Maria.

“This is one more step in the process of de-judicialization in Brazil, which has allowed several procedures that used to be exclusively judicial to be done directly in registry offices, in a faster, easier, and less bureaucratic way,” says Gustavo Fiscarelli, president of Arpen-SP (Association of Natural Person Registrars of the State of São Paulo).

As for last names, the new law exclusively allows for their inclusion, which can be done directly at the registry office. It is possible to adopt the last name of parents, spouses, grandparents, and step-parents. Any request for exclusion must still be made judicially.

The student João Vitor Nogueira da Silva, 21, resident in Parelheiros, in the south zone of São Paulo, was excited with the facilitation. He intends to incorporate the last name of his mother, hairdresser Nilde de Oliveira.

Previously Nilde da Silva -because of her marriage to João’s father, Antônio Nogueira da Silva- she divorced in 2018 and gave up her acquired last name.

“I started questioning my last name after finding out that one part belonged to my father and the other was given to my mother by marriage. I would like to have her [maiden] last name as it is fair to our relationship,” says John.

The change of name and surname can be made only once. According to Arpen-SP, the costs are fixed per state. In São Paulo, it costs around R$166 (US$30).

The interested party must go to a civil registry office with their documents (ID card and tax identification number) to make the change.

After the change is made, the registry office must notify the agencies that issued the identity documents and passports, as well as the TSE (Superior Electoral Court). If the applicant wants to give up the change, they must file a lawsuit.

Law 14.382 also allows newborns to change their names within 15 days after registration when there is consensus among the parents. If not, the case must be referred to the courts.

With information from Folha de S.Paulo

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