The 7th Private Law Chamber of the Rio Justice Court condemned Qualicorp Administradora de Benefícios for repeatedly refusing to update the registration of a trans client with his name and gender already corrected in the civil registry.
The company maintained the so-called “dead name” for almost a year, even after several requests, which the court considered a serious failure in providing the service and a violation of personality rights.
The panel increased the value of compensation for moral damage from R$5,000 to R$10,000, emphasizing that the misuse of the previous name constitutes symbolic violence and generates automatic embarrassment, without specific proof of harm.
For the rapporteur, Judge Sergio Wajzenberg, the company’s behavior violates human dignity and fundamental rights such as identity, equality and non-discrimination.
The decision also determined that Qualicorp would update the registration and defined that the monetary correction must follow the Selic rate exclusively, in accordance with the recent agreement of the STJ. The company’s appeal was rejected, while the author’s appeal was partially upheld.
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