O nome civil de transexuais e travestis como dado pessoal sensível ante o compartilhamento cruzado dos prontuários médicos

Abstract

This dissertation objectives to demonstrate how the civil name of the transsexuals and the travesties constitute sensitive personal data, in the terms of General Data Protection Law. It aims to understand how those informations can be inserted in the list presented in the 5th article, II of the Law n.° 13.709/2018. In this way, this research starts approaching the sexuality, it sticking to four main aspects: “sex”, “gender”, “sex orientation” and “gender identity”. After, it takes advantage of the moment to build a cutout of the transsexuals and travesties’ situation in the Brazilian society, explaining both the obstacles faced in national territory and the social rights advances achieved. Continuing, it discuss the personality rights in the Brazilian legal system, deepening the study of four of them: name, personal identity, privacy and intimacy. In addition, it weaves the comments about the correlation of these with the civil name. In a posterior moment, it shows general considerations about the personal data, discoursing how this theme is treated by the Brazilian Law. It was proceeded the analysis of the 1988 Federal Constitution, the General Data Protection Law and the Internet Civil Mark. It was analyzed another norms and the Federal Supreme Court and the Justice Superior Court jurisprudence. At the end, this work reaches its main goal, discussing, initially, about the transsexuals and travesties social name use importance and the relevance of the baptism name secrecy. In addition, it explains about the exemplary list of the article 11 of the Law n.° 13.709/2018 and the possibility of insertion of the transsexuals and travesties previous civil name in it in front of the cross share of their medical records. It shows how the secrecy of the identification data record in those documents is essential to the safeguard of this name.