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| Author(s): |
Alexandre Zarias
Total Authors: 1
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| Document type: | Doctoral Thesis |
| Press: | São Paulo. |
| Institution: | Universidade de São Paulo (USP). Faculdade de Filosofia, Letras e Ciências Humanas (FFLCH/SBD) |
| Defense date: | 2008-08-21 |
| Examining board members: |
Sergio França Adorno de Abreu;
Gizlene Neder;
Maria Coleta Ferreira Albino de Oliveira;
Maria Tereza Aina Sadek;
Ana Lúcia Pastore Schritzmeyer
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| Advisor: | Sergio França Adorno de Abreu |
| Abstract | |
This thesis analyses the question of legitimacy in family relationships and its relation to judicial proceedings. This question reveals the Brazilian social inequality that became evident when the family law recognized new manners of family constitution other than that based on civil marriage. At present, the question of family law displays in a judiciary transformation context in that new solutions are necessary to overcome the social, economical and cultural barriers that block the access to justice. Therefore, the main purpose of this study is to understand how people of different social origins realize their rights, exercise their citizenships and have their expectancies treated by the State. This analysis follows the Weberian theory of law whose objective is to study the different law systematizations and the different representations of the legitimacy in a certain order to verify how the law affects the social order. In this regard, the thesis considers the history of the civil codification and the transformation of the family law, whose consequences have been examined through the justice organization at São Paulo city (2000-2005). In conclusion, the study reveals that the nature of the family claims depends on the claimers socioeconomic status: the less the socioeconomic status, the less are the opportunities to reach the courts. In this context, the information about conjugality and civil status, as well as the information about decisions on divorce, legal separation, custody and alimonies, are indicators about the inequality of access to justice in Brazil. (AU) | |