Gênero e direito : o discurso de transformação da mulher no direito civil contemporâneo

Abstract

This work aims to carry out an analysis by the contemporary civilian reading of the juridical discourse to focus on the identity of the woman, above all, in the conformations or overcomings related to her as a subject law. Thus, the answer to following research problem is sought: How does the transformation in reading contemporary civil law in legal discourse affect the identity of women? Are there overlaps or conformations in the equilibrium discourse? The answer to this question imposes the analysis feminist legal theory. To do so, the debate begins with the presentation of the historical evolution of women to demonstrate that the right to equality was slowly built into it. Nonetheless, the transformations established in family relationships will contribute to the identity of women, and advances in contemporary discourse when feminist theories criticizing the law are highlighted. It’s important note the contribution of contemporary civil law to civil liability for moral damages in gender violence, allowing the question of women to analyze legal discourse in the measurement of moral damage. In this perspective, using the deductive method in data analysis, which starts from general theories to arrive at specific phenomena, was also used the monographic method through which, in the face of various doctrinal angles, synthesizes those that are best suited to the study in question. Therefore, the work was guided by bibliographical research based on books and writings that deal with the subject and the documentary research supported in the jurisprudence with regard to reparation of moral damages in the face of gender violence. The result of the research demonstrated that the discourse in the contemporaneity by the civilista reading gives margin to the inconformity since its emancipations remain in silent deconstruction.