Of laws inside out: social inequality, family law and judicial intervention / Das leis ao avesso: desigualdade social, direito de família e intervenção judicial

AUTOR(ES)

Alexandre Zarias

DATA DE PUBLICAÇÃO

2008

RESUMO

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.

ASSUNTO(S)

civil code acesso à justiça são paulo family law código civil direito de família access to justice sociologia do direito são paulo sociology of law

Documentos Relacionados

• A democracia ateniense pelo avesso: os metecos e a política dos discursos de Lísias
• O COMEÇO É O FIM PELO AVESSO: A TRANSPOSIÇÃO DA NARRATIVA ORAL PARA O DESENHO INFANTIL
• The presenilins turned inside out: Implications for their structures and functions
• Architecture inside out: urban transformations through the perception of demolition engineers
• O avesso do avesso: as mazelas da endogamia