Revisión sistemática del orden de prelación de apellidos como derecho fundamental de identidad del niño(a) en Latinoamérica

The right to identity is in itself the hallmark inherent in each human being that distinguishes and differentiates him or her from others through name and identification. In Peru, by custom as a source of law, the father's surname is placed first and the mother's second, since the Peruvian legal system only regulates the change of name by exception to the rule for "justified reasons", leaving their interpretation to the discretion of the judges, this interpretation is strictly related to the protection not only of the right to identity but also of the right to honor and good reputation. The objective of this research was to investigate the right to identity and the power of discernment regarding the preference of surnames in favor of the boy or girl to be registered in the Peruvian National Registry of Identification and Civil Status (RENIEC), with a specific objective per se of how the system of interpretation related to the order of priority of the surnames of minors, referenced and contained in Article 20 and 21 of the Peruvian Civil Code, have an impact on the aforementioned fundamental right to identity, to light of the pronouncement of the Peruvian Constitutional Court that develops an extensive corrective interpretation in resolution STC 02970-2019-HC/TC that has similarities compared to Latin American legislation. From the results, in most Latin American countries, the regulation of the order of surnames is sustained and interpreted according to the principle of equality and human rights, in order to reduce the margin of discrimination between men and women before the law. As for the Peruvian regulations, it lacks a law that fully and eloquently regulates this problem, it is intended in any case, to incorporate certain limits to the right to freely choose the order of surnames, in order to guarantee the other fundamental rights.