Fidelidade residual: um vislumbre da dependência financeira institucionalizada da mulher vítima de violência patrimonial pelo cônjuge no ordenamento jurídico brasileiro

Abstract

The present study aims to question the effectiveness of women's defense against patrimonial violence, as even though the legal framework includes various mechanisms to prevent such violations, this type of violence is still underreported and hidden within society. Therefore, the concept of residual fidelity is introduced, which refers to the implicit duty of women to remain in a failed relationship due to choices made at the beginning of the relationship when they lack the right to study or work in favor of their husband and family, and they suffer from patrimonial violence. Thus, when facing marital dissolution, they find themselves without the financial means to support themselves financially and in terms of property. This discussion is related to patrimonial violence and the issue of women's emancipation as a way to address this dilemma, as it requires society's awareness regarding gender parity in the workplace and society, with equal distribution of household chores to avoid perpetuating gender-based ideological applications. The first part of the research examines the historical perspective of the acquisition of women's emancipatory rights, highlighting the necessary struggles for their enforcement and indicating the movements and intentions of lawmakers in implementing these rights. The second chapter elucidates individual strategies to achieve economic balance during and after relationship dissolution, starting with the Maria da Penha Law and other mechanisms available to individuals to end abusive relationships. Finally, the concluding chapter demonstrates the current efforts within the legal framework to promote women's emancipation through the labor market and, consequently, in marital or cohabitation relationships, aiming to achieve economic equality. Through this research, the goal is to raise awareness and draw attention within the academic community to the damages caused by the legislative and judicial systems' failure to effectively respond to situations that harm the financial well-being of former wives or partners who have experienced the restriction of their workforce in an "affectionate" relationship.