GÊNERO E ISONOMIA NO DIREITO DAS FAMÍLIAS: UM ESTUDO SOBRE A EVOLUÇÃO DA SITUAÇÃO JURÍDICA DA MULHER NO CÓDIGO CIVIL DE 2002

Abstract

The present paper has as the main objective the analysis of the Family Law Book of the Civil Code of 2002 under a gender perspective to verify if this legal equality was achieved by this normative diploma. For that, it uses the deductive method and historical and comparative procedures, with bibliographic and documentary surveys. Specifically, it seeks to analyze the role of women in the family and in society throughout history, especially in the 20th century, a period in which a series of changes related to women's civil rights were noted. These changes become evident through the comparison between the provisions that referred to women in the Civil Code of 1916, essentially patriarchal legislation, and other legislation that seemed to move towards equal rights, such as the Married Woman Statute and the Law of Divorce. Another great achievement emerged from the Federal Constitution of 1988, which recognized gender equality and brought a series of innovations also to Family Law in general, enshrining the family as a favorable space for the development and preservation of the well-being of its members. Constitutional dictates oblige the project of the New Civil Code, which was in the elaboration phase. The enactment of the Civil Code of 2002 brought several changes in the area of Family Law, especially when compared to the text of the Code of 1916, demonstrating the legislator's intention to establish equal rights and obligations between men and women. However, it is essential to carry out a thorough analysis to verify whether the discriminatory treatment has been completely overcome. Furthermore, more than analyzing the text of the law, it is necessary to investigate the provisions of the Civil Code contextualizing them with the social reality in which the law is inserted and the values underlying the rule.