A constitucionalização do direito civil: o fenômeno da despatriarcalização do direito de família.

Abstract

The present monographic paper addressed the historical aspects that involved Family Law since Roman Law, going through the rise of Christianity, absorbing the context of the Middle Ages and the great value that was attributed to Canon Law, reaching the Civil Code of 1916, marked by Portuguese influences through colonization and reaching the promulgation of the Federal Constitution of 1988, which translates as the major milestone for the phenomenon of the depatriarcalization of Family Law through neoconstitutionalism that inserted it in the legal system, calling it Constitutional Civil Law. For this reason, it is relevant to verify how the constitutionalization of Civil Law influenced the depatriarcalization of Family Law? In this context, there was great appreciation of both constitutional and infraconstitutional principles that attributed a new reading of Family Law, there was also the state recognition of new family arrangements that brought a democratic ideal to families. Institutes that underwent positive transformations were approached, such as family power, the issue of the woman's civil name, constitutional reform and the effect of direct divorce, the analysis of the Civil Procedure Code and the mention of the separation institute, the egalitarian rules of competence with regard to family actions, the analysis of Law 11.997 / 09 and Law 11.340 / 06 that translate into positive actions by the State to achieve equality between men and women. Finally, in general, the objective of the work revolves around the influence of the constitutionalization of Family Law and the phenomenon of depatriarcalization. The method chosen was the deductive one, making use of a vast bibliographic arsenal. It is concluded through this work that the legal system has been incorporating significant changes regarding the female recognition based on an ideal of equality.