Compensatory alimony and parity: jurisprudential analysis and feminist reflections on women economic rights in Family Law

• Grant number: 17/07060-0
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: July 01, 2017
• End date: June 30, 2018
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Fabiana Cristina Severi
• Grantee: Myllena Felix Sampaio
• Host Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

The study intents to discuss and focus on compensatory alimony as a legal institute that contributes to repair economic imbalance after divorce and its contribution towards the concretization of women´s economic rights and gender equality. The main objective is to analyze the perceptions of Brazilian Courts about the "womam/wife" into their decisions and its relation with the compensatory alimony. As secondary objectives, it seeks to study critical legal perspectives of the feminist authors such as Carole Pateman and Carol Smart for a better understanding of the patriarchal relations and women rights on Family Law; understand compensatory alimony in terms of parity by Isabel Cristina Jaramillo Sierra; produce reflections of women rule at the familiar economy on achievement of gender equality in Family Law. The content analysis is the methodology used to understand the link between feminist critique theory and Court´s perception about "woman/wife" in the familiar economy, the feminist critiques on Family Law and the adequacy of parity for gender equality in the Brazilian Judiciary. The results were not obtained because of its initial phase. It is hoped to provide subsidies that contributes with the studies into Law and Gender in Brazil as well as a better understanding of the compensatory alimony and its role to the achievement of women's economic rights and parity. (AU)