MPF investigates disrespect for the use of the social name of trans and gender-diverse teenagers and young people in Enem

0

The Federal Public Ministry (MPF) opened a civil investigation to investigate possible disrespect for the use of the social name of trans and gender-diverse teenagers and young people in the National High School Exam (Enem). The objective is to ensure that treatment by social name, in the next editions of the exam, is not conditioned on prior inclusion in the Federal Revenue Service or any other requirement not provided for by law, considering that in 2024 the Administration did not respect the social name.

The opening of the investigation was determined by the regional attorney for Citizen’s Rights in Acre, Lucas Costa Almeida Dias, based on a representation filed with the body by the Associação Mães Pela Diversidade, which sent letters to the Executive Secretariat of the Ministry of Education (MEC) and the Institute National Institute of Educational Studies and Research Anísio Teixeira (Inep) to request clarifications on the information reported to the MPF.

According to the representation, Notice No. 51, of May 10, 2024, which provided for the guidelines, procedures and deadlines for participation in Enem 2024, conditioned the use of the social name of exam participants on their prior registration with the Federal Revenue Service . The association considered the requirement arbitrary and abusive, as it is not mentioned in other regulations that deal with the use of the social name or its inclusion in registries, systems, documents and even in educational institutions, such as Ordinances nº 1,612/2011 and nº 33/2018 of the Ministry of Education and Resolution No. 02/2023 of the National Council for the Rights of LGBTQIA+ People.

The prosecutor argues that “the STF, when judging Direct Action of Unconstitutionality nº 4,275, reiterated that the right to equality without discrimination covers freedom of gender identity, so that the State only has the role of recognizing it, never of constitute it”, adding that “the State should not condition the expression of identity to any type of model, even if merely procedural”.

In the letters, the MPF requested that the president of Inep and the Executive Secretary of the MEC provide information about the case, within 15 days, in particular regarding the disrespect for the use of the social name in Enem, due to prior conditioning of its inclusion with the Federal Revenue.

Civil Inquiry No. 1.10.000.001102/2024-26