Full text
| |
| Author(s): |
Tatiana Santos Perrone
Total Authors: 1
|
| Document type: | Master's Dissertation |
| Press: | São Paulo. |
| Institution: | Universidade de São Paulo (USP). Faculdade de Filosofia, Letras e Ciências Humanas (FFLCH/SBD) |
| Defense date: | 2011-02-22 |
| Examining board members: |
Ana Lúcia Pastore Schritzmeyer;
Heloisa Buarque de Almeida;
Wânia Pasinato
|
| Advisor: | Ana Lúcia Pastore Schritzmeyer |
| Abstract | |
This dissertation was originated by a research carried out from March to December 2008, at Santo Amaros Court and Parelheiros District Court, with women who have filed lawsuits against their childrens fathers for child support. The 35 interviewed women pointed out the conflict multiplicity to make them file this kind of lawsuit and the social roles diversity they have to perform, although both conflict and roles are simplified and standardized during the conciliation hearings. Those hearing spaces are restricted to the discussion of the child support amount, thus contributing to procedural speed. But the reproduction of gender inequality is also reinforced, for fatherhood is understood to cover only part of the childs maintenance, while motherhood covers financial support and also, in many cases, all the moral and affective responsibility. As the child support process is usually filed after a domestic partnership has been dissolved, the conflict that often starts the lawsuit is also related to issues like distribution of property, domestic violence, and child custody and access. These issues are perceived by the women as equally or more important that the settlement of child support, for they entail the affective dimension of parenthood and the recognition of the moral offenses that many women claim to be victim of. Those moral and affective dimensions of the conflict are not discussed in conciliation hearings, while some of them are objects of other law proceedings. The conflict, thus, experienced as a whole by the parties, is divided by the Judiciary to be successfully settled. In spite of that, the deep analysis of two cases shows that access to justice, by means of this kind of legal action, is experienced as positive by the women, for the contact with the Judiciary actually reframes their places, causing them to recognize themselves, more strongly, as subjects of rights. (AU) | |