A separação judicial litigiosa como drama social: narrativas, versões e motivos à crise conjugal, em Montes Claros MG

• Autor(a) principal: Coutinho, Elizandra Klem
• Data de Publicação: 2007
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: LOCUS Repositório Institucional da UFV
• Texto Completo: http://locus.ufv.br/handle/123456789/3416
• topic: Família; Casamento civil; Desquite; República; Family; Civil marriage; Divorce; Republic; CNPQ::CIENCIAS SOCIAIS APLICADAS::ECONOMIA DOMESTICA

At the turn of the Nineteenth to the Twentieth Century, the proclamation of the Brazilian Republic brought to the country the opportunity to put in practice the bourgeois ideals about modernization , equality , and liberty , which had already been examined by the local elite for some time. Thus, the republicans target was to adjust the country to the purposes of the new system. In order to do so, some illegal apparatus were produced which could legalize these projects and could also offer the Republic the juridical support for its governability. And the Civil Code was created in this context, introducing to the society a number of rights and legal obligations which began to legally rule the Brazilians civil life. Concerning the family, a single model of family organization was legitimated through the civil marriage an institution which had its presuppositions, rights and obligations clearly defined. The republican family model, introduced by the Civil Code, was characterized by the hierarchization between men and women. To men, it was appointed the leadership of the house, and they took the responsibility for the family s financial support and morale protection. Women were considered civilly incapable, and they were subdued both to the male representation, to motherhood and organizations of household tasks. Another feature of the modern family model, which was presented by the Civil Code, was the indissolubility of the matrimonial bond. The Civil Marriage, as well as the sacrament marriage, which was legislated in Brazil since the origins of the civilization by the canon laws, has remained as an indissoluble bond, which could only be worn out by the death of one of the partners. However, the civil laws have presented the judicial separation to the families, which allowed the partners to put an end to the matrimonial society, establishing the separation of corpus, the children s guard and the end of the patrimonial system through the partition of the properties. A new civil condition was established: the divorced people. Meanwhile, the judicial separation did not liberate the partners to get married again. Before this new legal structure, which was created by the new system in order to organize the families inside the republican patterns, this research has studied the families which have deviate from these ideals and revealed the justice, their matrimonial conflicts and diverting behaviors, during the litigious judicial separation. So, aiming to understand how the families have interpreted and whether they have used these purposes of familiar organization, which were proposed by the civil laws, we have analyzed litigious proceedings occurred in the city of Montes Claros MG. Twenty-six proceedings were analyzed, which dated from 1917 to 1977, a period in which the laws regarding the judicial separation remained valid, with no modification. In the present study, separation was perceived as a moment of social drama , in which the partners have performed as actors in their own histories, retelling them in different versions and narratives, in order to redefine their civil state and to determine the guilty and the innocent for the matrimonial crisis. The study of all these narratives, specially the partners and their attorneys narratives, have showed, therefore, how these social actors have interpreted the civil laws regarding both the marriage and the judicial separation, entitling themselves as the ideal wife or husband, in accordance with the accomplishment or break of the matrimonial duties. In this context, when entitling themselves as people who have accomplished their matrimonial duties, they have also reaffirm the family model, of husband and wife which was presented by the State. However, as they have blame their partners of having practiced adultery, abandoned their homes, they have also deconstructed this model of family organization and have pointed differentiated behavior of men and women, both inside and outside the family. Thus, this dissertation brings a reflexive discussion about the family model, of husband and wife which was legitimated by the republican state through the Civil Code of 1916, and also how the families have interpreted these models during the judicial separation. An analysis which points the family and the gender relations outside the conception of nationality, which were presented by the State and the Church, allowing the problematization of the juridical and religious discourses as power instruments which have established family, husband, wife and hegemonic models which have contributed for both the construction of gender hierarchies and the discrimination of other ways of family organization.