The recognition of gender identity and the guarantee of human dignity in the Brazilian electoral system
Contemporary democracy is not limited only to the act of voting, but encompasses the guarantee that the exercise of citizenship occurs in conditions of dignity and respect for individual identity. In Brazil, the Superior Electoral Court (TSE) consolidated the understanding that gender identity is a fundamental right, allowing transgender, transsexual and transvestite people to use their social name on their voter registration card and voting book. This measure aims to ensure that the electoral process is inclusive and free from constraints, aligning electoral legislation with the constitutional principles of equality and non-discrimination.
Requirements and legal basis
The use of the social name in the electoral register is primarily governed by TSE Resolution No. 23,562/2018. This norm establishes that the social name is the designation by which the transvestite or transsexual person identifies themselves and is socially recognized. For Electoral Law, self-declaration is the sufficient criterion for recognizing this identity, and the presentation of corrected civil registration, sexual reassignment surgery or any type of medical and psychological report is not required.
The right covers both initial enlistment (first title) and updating registration data (revision) for already registered voters. When opting for inclusion, the social name appears in the e-Título (digital version of the document) and in the voting book used by poll workers on the day of the election. It is essential to note that the civil name remains in the Electoral Court database for internal administrative purposes, but public treatment and identification at the polling station prioritize self-declared gender identity.
History and normative evolution
The admission of the social name in the Electoral Court reflects a jurisprudential and administrative evolution that has gained strength in the last decade. Historically, voter registration was strictly based on civil birth registration, which created situations of exclusion and embarrassment for citizens whose appearance and social experience did not correspond to their official name.
The decisive milestone occurred in March 2018, when the TSE approved the resolution that regulated the use of the social name. The general elections that year were the first in the country’s history to allow this identification, registering more than 6,000 voters opting for this modality. This institutional movement occurred in parallel with decisions of the Federal Supreme Court (STF), such as ADI 4275, which facilitated the change of civil registration for trans people, although the electoral rule is independent and less bureaucratic, allowing the change of title even without changing the birth certificate.
Functioning and administrative procedures
To understand how to include your social name in your voter registration card for the 2026 elections, it is necessary to observe the deadlines and channels provided by the Electoral Court. The procedure can be carried out in person or remotely, but must respect the closing of electoral registration, which occurs 150 days before the election (generally at the beginning of May of the election year).
The administrative process generally follows the steps described below through the Electoral Self-Service system (Título Net) or in person at the registry offices:
Review Request: The voter must access the TSE portal, select the option “Electoral ID” and then “Update your data”;
Self-declaration: When filling out the form (RAE – Voter Enrollment Request), there will be a specific field for including the social name;
Documentation: It is necessary to attach an official identification document (with civil name), proof of residence and a selfie-style photograph holding the document (in the case of online service);
Processing: The request is analyzed by the Electoral Court of the corresponding zone. After approval, the social name will appear in the register;
Gender Identity: The system also allows updating gender identity (male, female, non-binary, among others) for statistical and registration purposes.
It is imperative that voters make this request before registration closes in 2026 so that the voting book is printed with the correct identification.
Importance for democratic integrity
The social name inclusion policy transcends documentary bureaucracy; This is a security measure for the integrity of the electoral process itself. The existence of barriers, such as the fear of suffering prejudice or public embarrassment when having a name that clashes with one’s image read aloud by a poll worker, acts as a disincentive to voting. By removing these obstacles, the Electoral Court encourages the political participation of a historically marginalized portion of the population. Furthermore, the measure reinforces the reliability of the electoral register, ensuring that the data reflects the social reality of Brazilian citizens.
The institutionalization of the social name in the electoral sphere reaffirms the Brazilian State’s commitment to plurality and human rights. The 2026 elections will follow established protocols, ensuring that civil identification does not override social identity at the time of voting. The Electoral Court maintains permanent service channels to ensure that registration updates are accessible, confirming that popular sovereignty is only complete when exercised with respect for the identity of each voter.