DIVÓRCIO LIMINAR E EMANCIPAÇÃO FEMININA

Abstract

This undergraduate thesis analyzes the genesis and transformations of the institution of divorce in Brazil, with emphasis on the legal possibility of divorce. The historical approach highlights the strong influence of moral and religious values on family law, which prohibited divorce until the enactment of Law No. 6,515/1977. It also underscores the relevance of the Brazilian feminist movement—unique in its form of action—and the Married Women’s Statute of 1962 as key milestones for women’s emancipation and the transformation of their role within marriage and society. Furthermore, the study examines the normative changes introduced by Constitutional Amendment No. 66/2010, which consolidated divorce as a potestative right, eliminating both fault-based dissolution and minimum waiting periods. The research extends to the analysis of arguments for and against the granting of divorce as a preliminary injunction, weighing autonomy of will, human dignity, and the well-being of the parties against the procedural principles of due process and the right to adversarial proceedings. Methodologically, it adopts a qualitative, exploratory, and analytical approach, employing historical-comparative and deductive methods, supported by doctrinal sources, case law, and legislative analysis. The study concludes that the possibility of divorce as a preliminary measure remains subject to debate and exceptions; however, it often safeguards individual autonomy, particularly for women, in the context of deteriorated marital relationships.