Africa-Press – Cape verde. The Court of Justice of Sotavento granted the appeal of Platiny Medina Santos Alves, authorizing her to change her name to Platiny Mário Lopes Alves, a name she has used continuously and publicly for more than eight years.
The judicial decision, expressed in Judgment No. 207/25-26 (Civil Appeal No. 82/23), revokes the sentence of the first instance court of São Filipe, which had confirmed the rejection of the request made to the local Registry Office.
The name change process began in April 2020, when Platiny argued that, although the initial registration was made only by her mother, her father, upon adopting her in 2012, wanted her to be registered with the name Platiny Mário Lopes Alves.
The Registry Office rejected the request, alleging the absence of “just cause” and lack of evidence regarding the prolonged use of the intended name, and the Court of First Instance upheld this decision, understanding that the request aimed only to legitimize a passport that, at the time, was considered falsified.
However, upon re-evaluating the case, the Court of Appeal of Sotavento considered it proven, through testimonies and documents, that since 2012 the appellant has been publicly known as Platiny Mário Lopes Alves, the name under which he participated in official competitions, traveled to Portugal, and signed a contract with Gil Vicente in 2014.
The judges highlighted that the prolonged use of the name “was constant, without malice, and recognized socially and professionally,” emphasizing that forcing a return to the initial name “would cause a total disconnection from the appellant’s life reality.”
The Court recalled that, although the immutability of a name is the rule, Cape Verdean law allows exceptions when there is “just cause” and no prejudice to third parties, according to Article 85 of the Civil Registry Code.
For the magistrates, Platiny’s case meets these requirements, since the appellant’s civil, family, and professional identity has been consolidated under the name used publicly.
The ruling also mentions that the change does not cause prejudice to third parties nor compromise the legal security of the State, recalling that Platiny was acquitted in 2022 by the Braga Judicial Court (Portugal) of the accusation of forgery related to the passport issued in his name that is currently in use.
With the acquittal, the Regional Court considered that the initial grounds for the refusal no longer exist, thus deciding to revoke the first instance judgment and authorize the change and the corresponding registration in the Civil Registry Office.
“The appellant’s interest in changing his name should prevail, since his civil and social identity is firmly established under the name Platiny Mário Lopes Alves,” concludes the ruling of the Court of Justice of Sotavento.
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