Análise sobre a situação jurídica da mulher no Direito de Família contemporâneo

• Autor(a) principal: Pereira, Bruna
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/15478
• topic: Direitos da mulher; Direito de Família; Situação jurídica da mulher

OBJECTIVE: This undergraduate thesis aims to analyze the women’s legal situation in the contemporaneous Family Law. METHOD: The research for this thesis, regarding its objective, is exploratory. Besides, the approach method is qualitative. As for the data collection procedure, it is bibliographic and documental, considering that documents inherent to the laws were analyzed, as well as doctrines connected to the suggested theme; from the general aspect to the specific one. RESULTS: This paper has shown that back then marriage used to be seen as a religious, sacred and indissoluble institute, being the only way of forming a Christian Family. Nowadays, just the existence of affection is enough to characterize the family entity. There are different family entities in our legal system. By analyzing the different legislations in our Brazilian legal system (civil and constitutional), it’s verified that there was an evolution regarding women’s rights, going from a submissive person to the orders of a man, the family leader, to having rights and duties, considering the provisions of the Civil Code/1916, the Statute of the Married Woman; the Law of Divorce; the Federal Constitution/1988; the Civil Code/2002; the Law “Maria da Penha” and the Civil Procedure Code/2015. CONCLUSION: We can conclude that, despite of the women’s rights’ achievement in the current society though several legal legislations and doctrinal and jurisprudential understandings about Children’s Custody, equality between genders and spouses, alimony, sexual and reproductive rights, protection against domestic violence, among other achieved rights, it’s verified there are still some differences between women and men, in some social, economic and cultural aspects.