Relações de poder e parentalidade: uma abordagem de gênero à luz da guarda compartilhada, Vitória/ES (2007 a 2012)

Abstract

Among the reflections on the new behavioral patterns of men and women in society, there is an increasingly growing number of parents seeking the exercise of a new paternity, more participation on the care of the offspring and strengthening the affection relations. This phenomenon can be easily seen in the courts, with an increase in shared custody of claims by men who claim to have better conditions to take care of their minor children. The aim of this research was to analyze the feminist achievements in sexual divisions of these roles in the family and their likely influence on the emergence of shared custody. As a primary source were used parliamentary speeches coming from Bill nº. 6.850 / 2002 which established that custody model in the Brazilian legal system as well as legal proceedings arising from the Family Courts, whose proceeding occurred in the County of Vitória, the state capital of Espírito Santo, in the period between the years 2007 and 2012. The analysis of these legislative and judicial sources proved the influence of women's emancipation in the family on the democratization and redefinition of social roles of men and women, highlighting their importance to parental responsibility, through the legal institute of joint custody