Direito ao registro de nome do natimorto no Brasil

Abstract

To negate a stillborn child the right to name registration, which is granted to parents under the certificate of stillbirth for the fetus who will not reach extrauterine life, expresses the contradiction between civil/constitutional principles and the current reading of the Law of Public Records within Courts of Justice. Such institutions, through their General Judicial Offices of Internal Affairs, issue regulations responsible for breaking down the meaning of the national norms. The negation of the right to name registration has harmed the dignity of families and stopped them from exercising their rights as they are laid down in the Constitution. The moment of personality acquisition, potential property repercussions that may stem from a more complete registration of the stillborn child are arguments which attempt at sustaining the continuation of the denial of this right. By means of an analysis of the marginal elements of the law, of the principles in the Constitution, of a constitutional reading of civil and registration law, and an analysis of the Extrajudicial Norms of Service, in addition to the confrontation of legislative perspectives in this realm, this work attempted to demonstrate the instruments capable of legitimizing the granting of a name to the stillborn child and to investigate a possible compatibility between constitutional norms and civil legislation.