Rasuras nos albuns de familia : um estudo sobre separações conjugais em processos juridicos

AUTOR(ES)
DATA DE PUBLICAÇÃO

2003

RESUMO

This thesis aims at analyzing litigious separations in legal action records that have been filed at Family Courts in Curitiba between 1976 and 1995. The idea is to find out how the changes mentioned in studies about family have been addressed in such records. The universe of this research is composed of a specific social class - "men and women in the process of a judicial separation". Separation processes were seen as a "social drama". The rupture and break up of matrimonial duties evidence that family relations are organized pursuant to two different kinds of logic. Legal reports about disagreements between spouses focus on the family as being a place of trust and disinterested mutual giving and receiving. A rupture unveils the contractual dimension of civil marriage: separation is a time for getting accounts right and ensuring rights. At that time, the ruptured reciprocity gives way to the logic of the market and contracts. For this reason, juridical reports build the disagreement between spouses using repeated arguments, emphasizing details, reiterating strategies time and again. Under this viewpoint, separation is a time when family relations are re-contracted and a new family category is created: the "re-contracted" family

ASSUNTO(S)

familia separação (direito) direito de familia marido e mulher (direito) casamento divorcio - legislação

ACESSO AO ARTIGO

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