The name can be replaced in the notary if there is repentance between the parents; Understand the conditions of the law and when applying
6 months pregnant, the actress Mariana Rios announced the chosen name for his son: Pole. Of Spanish origin and considered exotic for the standards recorded in BrazilThe name bears the debate on the Brazilian law regarding the choice and change in the civil register. Although there is freedom in choice, the law requires limits to prevent names from being considered offensive or expose their bearers to vexatious situations.
What does the law say?
In Brazil, the name Palo, chosen by Mariana, has only 689 records, according to the data of the 2010 demographic census. But what happens if the parents are penting of the choice of the name? Second Beatriz ConradoLawyers of Phr lawyers and specialist of family law and succession, law no. 14.382/2022 brought important innovations in this field.
“Up to 15 days after registration, any of the parents can request the modification of the name of the child directly in the register, provided that both agree. In the event of consent, the request must be analyzed by a judge, a circumstance in which a lawyer will be required to present a case.”explains.
The process is relatively simple when there is consent. “It is sufficient for parents to participate in the register where the child was recorded, within the period provided for by the law (15 days), provided that the birth certificate and personal documents.The expert clarifies.
Limits for the choice of names
However, the law also establishes obstacles to the choice of names. “Article 55 of Law no. 14.382/2022 determines that the notary’s office must refuse the registration of the pre -nomas that can expose to ridicule. If the parents do not agree with the official’s decision, the case must be addressed to the competent judge”underlines Conrado.
In situations where there may be questions about the acceptance of the chosen name, parents have legal alternatives. “If there is a refusal of the notary, it is possible to request a formal justification and resort to the general of justice. Another option is to submit a judicial correction action, with the support of a lawyer”In detail the lawyer.
Mariana Rios’s episode shows how personal choices can find limits on the law. For Conrado, balance is fundamental: “The law tries to guarantee the autonomy of the parents in the choice of the name, but also protects the child from possible future constraints. Creative and different names are allowed, provided that they do not cause damage to the dignity of the individual.”concludes.
If you lift the old debate
In the same line, the civil lawyer Kevin de SousaMaster in Personality Rights, Family Law and succession specialist and partner of Sousa & Rosa Advogados, understands that the debate caused by the name “Palo”, as revealed by Mariana Rios, is legitimate and reveals a tension between the creative freedom of the parents and the practical effects of this choice on the child’s life.
“An Emblematic Houses in That Context is That of A Couple From Paraná Who, in 2008, Tries to Register His Son With the Name” Satan “. The Notary Refused The Registration Because It Considered the Name Offensive and Potenininal Traumatic. The Corregedor Remained the Negative, Applying The Principle of Human Dignity and the Duty of the Duty Protection of Childhood.Complete.
Recommendations for choosing the name
According to the lawyer, parents must consider social and practical aspects in the choice of the name, in order to guarantee the well -being and dignity of the child throughout life. “The name accompanies the individual for life: it is not only a form of identification, but a carrier of social belonging, self -esteem and individual recognition.”Sousa explains. Subsequently, know some recommendations from the expert, before recording the notary:
- Ease of pronunciation and writing, to avoid constant corrections and constraints;
- Cultural and historical connotations of the name, especially in multicultural contexts;
- Impacts on school and professional life, since very exotic names or Word Games collection can be the goal of jokes, prejudices or discrimination;
- Balance between originality and functionality, so that the name expresses identity without compromising the social coexistence of the child.
Sources
- Beatriz Conrado – Phr Lawyer Advogados and family law specialist and successions at the Paulista School of Law. Graduated from PUC/SP and specialist in civil procedure by FGV/SP
- Kevin de Sousa – Civil lawyer, master in personality rights, family law and specialist and succession partners at Sousa & Rosa Adogados
Source: Terra
Ben Stock is a lifestyle journalist and author at Gossipify. He writes about topics such as health, wellness, travel, food and home decor. He provides practical advice and inspiration to improve well-being, keeps readers up to date with latest lifestyle news and trends, known for his engaging writing style, in-depth analysis and unique perspectives.
