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The jurisprudence of families: an ethnography about the Superior Court of Justice decisions in cases of divorce and dissolution of stable unions

Grant number: 17/02467-4
Support type:Scholarships in Brazil - Doctorate
Effective date (Start): October 01, 2017
Effective date (End): March 31, 2021
Field of knowledge:Humanities - Anthropology
Principal Investigator:Jorge Luiz Mattar Villela
Grantee:Sara Regina Munhoz Tiberti
Home Institution: Centro de Educação e Ciências Humanas (CECH). Universidade Federal de São Carlos (UFSCAR). São Carlos , SP, Brazil

Abstract

The general objective of this research is to develop an ethnography of jurisprudence in cases of divorce and stable unions' dissolution. Therefore, I propose that in moments of familiar relationships' reorganization, these documents depict themselves as significant apparatuses for the emissions of juridical definitions. This importance is suggested due to the stabilization, although temporary, of expectations about family functions and contours. This study hypothesis is that jurisprudence, through discursive clashes and a specific technical manner, represents one of the feasible construction spots of these arrangements. In order to investigate this hypothesis, jurisprudences of the Superior Court of Justice produced from the promulgation of the New Civil Code in 2002 will be analytically described. Moreover, several factors will also be considered as research material, such as the doctrines, overviews, laws, psychological and sociological studies in which jurisprudences recurs and which these refer. (AU)