El cambio en el orden de apellidos como expresión del libre desarrollo de la personalidad, en la jurisprudencia constitucional

Abstract

Abstract: Through this work, we will analyze the right to change the order of surnames based on Judgment No. 42-21-CN/22 issued by the Constitutional Court of Ecuador based on the consultation of the norm contemplated in article 37 of the Organic Law of Management of Identity and Civil Data (LOGIDC); in which the reform of the birth registration of three minors was requested, in order to alter the order of their surnames due to the harassment suffered with respect to the paternal surname; for this purpose we will carry out a critical, legal, normative and constitutional study of the right to personal identity, delimiting its specific characteristics, carrying out a study of the regulations and jurisprudence developed with respect to this right and its relationship with other rights, such as the free development of personality; To this end, a descriptive study of the topic will be carried out, which will allow us to determine whether, through the aforementioned ruling, the right to identity of the minors was effectively guaranteed due to the psychological harm suffered from the use of their paternal surname; determining the scope of said ruling in analogous cases, such as voluntary recognition.