Da possibilidade de alteração jurídica do nome ao nome como marca: uma interlocução da psicanálise com o direito

Abstract

This work aims to discuss the change of name, the brand which identifies the subject, a discussion based on the subject of rights and the subject of desire. For this purpose, the function of the name and its change/alteration process following Brazilian law is approached here, having as base for discussion the Psychoanalysis with focus on the proper name (a.k.a. first name). Thus, the work constitutes a theoretical research in Psychoanalysis which includes the literature review of both Law and Psychoanalysis areas, more specifically with regard to the works of Freud and Lacan. Initially, Law references are brought, specifically the Personality Right/Law, where the name is established in the Civil Code. They indicate a basic premise in the legal environment: every citizen has their right to have a full name, which is composed of the first and last names. There are some regulations regarding naming, including the immutability principle: the name cannot be changed except in cases of notorious surname or adoption. However, there are exceptions showing how people can change their first and last names. For Psychoanalysis, the name consists of a mark even when you change it. This change has implications for the subject when it comes to their social bond, since it is a process involving not only a subject of rights, but, in neurosis, the subject/person of desires – divided and marked by the lack as they are, always surpassed by their unconscious matters. The view of the proper/first name from the perspective of the subject of unconscious shows that the desiring dimension focuses on the position before the prescribed law of the legal system.