Casamento Infantil no Brasil: do contexto histórico à realidade após a Lei nº 13.811/2019

Abstract

The present study addresses the issue of child marriage in Brazil, from its initial civil aspects to the implications of marriages before the legal age following the approval of Law 13.811/2019, which prohibits the marriage of minors under 16 years old. The study highlights how, over the centuries, girls have taken on adult responsibilities prematurely, influenced by cultural, social, and economic factors. Child marriage, as defined by the Convention on the Rights of the Child, is a practice that affects more girls than boys, leading to consequences such as school dropout and teenage pregnancy. The research uses a bibliographic and documentary approach, with quantitative and qualitative data analysis from the Brazilian Institute of Geography and Statistics (IBGE). The main objective is to investigate the impacts of Law 13.811/2019 on reducing formal child marriages, observing the effects of the legal provisions on Brazilian society. The monograph is divided into two chapters: the first addresses the normative evolution of marriage in Brazil, providing a historical and legal overview, along with the amendment to Article 1.520 of the Civil Code. The second chapter analyzes the impacts of the new legislation through statistical data from civil records, focusing on a comparison of marriages of minors under 16 before and after the law, as well as interpreting the data based on gender and geographical region. The research concludes that, although the new legislation has significantly reduced the number of formal child marriages, the practice persists informally, especially in regions with greater social vulnerability and due to cultural factors. This work brings to light the debate on the protection of children's and adolescents' rights in Brazil and the challenges still faced in eradicating child marriage.