Banca de QUALIFICAÇÃO: JHONATAS SANTOS DA SILVA

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
DISCENTE : JHONATAS SANTOS DA SILVA
DATA : 31/08/2021
HORA: 08:00
LOCAL: Sala virtual webconferência
TÍTULO:

Family and brazilian state - production of rules for the famly(s) in the toute of affection

PALAVRAS-CHAVES:

Families. Family right. Affection. Brazilian Constitutions.

PÁGINAS: 42
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
RESUMO:

Law is changeable. In Family Law, these changes are followed from its institutes (divorce, parentage, stable union, adoption, etc.), inferring from this relationship that the pace of legislative changes is out of step with socioeconomic changes. In the Brazilian Republic, when secularism was introduced, the religious dogma was replaced by the supposed formal rationality; a veneer of ideologies that start to challenge norms as if neutral and democratic they are. Nowadays, emerged in modern legal doctrine the "affection" as a legal asset to the family protected by the State. Thus, family figures, such as the “provider father”, “authoritarian father”, are replaced by “socio-affective fatherhood”. However, when looking at the polyaffective and homo-affective family configurations, where the State persists in tension against sexual and gender emancipation, it is necessary to reflect on where "affection" ceases to print a logical-legal production, but rather a poorly told story of liberal law. So that the present work, prioritizing the qualitative approach, seeks to understand, from the Critique of Law, how the entry of “affection” into the Brazilian legal system, its limits and discursive support takes place. Anchoring the search in the Republican Period, with emphasis on political constitutions and civil codes (1891 to 2020), how the State understands and legitimizes in the social order the Family until the reception of the 1988 Constitution. Structured bibliographical review on Family Law in Brazil. Problematizing: 1) the exclusion of rights by the Brazilian State to marginalized family configurations (poly-affective and homo-affective); 2) the ideological bias towards a concept of “Family” in the norm; and, eventually, 3) where “affection” enters into the production of state norms for the family. Indeed, the work does not have exhausting pretensions, being enough to reflect on the criticism of Family Law as an oppressive system, the maintenance of privileges and capital, and its use of “affection”.

MEMBROS DA BANCA:
Externa ao Programa - 3044864 - GUINEVERRE ALVAREZ MACHADO DE MELO GOMES
Presidente - 1716530 - HERBERT TOLEDO MARTINS
Interno - 1556362 - ROBERTO MUHAJIR RAHNEMAY RABBANI