Defender goes to court against the Union so that CPF

The Federal Public Defender’s Office (DPU), together with other institutions, proposed a public civil action (ACP) last Wednesday (15) to ensure that homotransaffective parenting families, formed by LGBTI+ people, are recognized by the Federal Revenue in the registration in the Register of Individuals (CPF) in terms of their sexual orientation, gender identity and intersex status. The lawsuit against the Union has a request for an injunction (provisional decision issued urgently).

According to the signatory institutions, despite the importance that the CPF plays in the lives of millions of Brazilians and foreigners residing in the country, “the system for preparing the current document is absolutely out of step with international standards and the national legal system, as it generates the phenomenon of indirect discrimination against LGBTI+ families. Several specific situations end up bringing obstacles to the recognition of the dignity of Brazilian people who are members of the LGBTI+ community”.

The entities point out that there is only the option “Mother’s Name” in the form on the IRS website, completely ignoring the existence of homo-affective families and socio-affective family nuclei. There is also, according to the authors, no mention in the form of the possibility of including the social name in the CPF, something that is essential for the identification of transvestites and transsexuals. The form is also limited to presenting, in the “Sex” field, only the female and male options, disregarding the existence of intersex and non-binary people.

Equality of conditions

Asking the Court to remedy the problems in the registration and rectification of CPF data, identified as discriminatory practices, the action seeks to adapt the fields of forms, rules and regulations to the various experiences and affective relationships experienced by LGBTI+ and socio-affective families, as well as their gender identities and intersex condition.

The amendment aims to ensure the full exercise of citizenship by these people, on equal terms with the rest of the population and free from discrimination. For this to happen, entities require a series of changes in the registration forms.

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The action also asks that the services of the Internal Revenue Service are provided without restrictions on access to online services or service at the Federal Revenue and affiliated stations. Another problem pointed out by the entities refers to the sharing of incorrect information in their databases with other agencies, harming homotransfective families.

The document is signed together with the DPU by the National LGBTI+ Alliance; the Dignity Group – For the Citizenship of Gays, Lesbians and Tragenogens; the National Association of Transvestites and Transsexuals (Antra); the Brazilian Association of Homotransaffective Families (ABRAFH); the Brazilian Association of Intersex (Abrai); the Casa 1 LGBT Welcoming and Culture Center; and the Federal Public Ministry (MPF).

The coordinator of the Gender Identity and LGBTI Citizenship Working Group and Regional Human Rights Defender of São Paulo, Ana Lúcia Marcondes F. de Oliveira; the Regional Human Rights Defender of Paraná, Rita Cristina Oliveira; and the federal public defender and member of the Gender Identity and LGBTI Citizenship Working Group, Fabio Augusto Sampaio, represent the DPU in the action.

Edition: Vinícius Segalla

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