ALENCAR, M. N. M.; http://lattes.cnpq.br/6546892732572479; ALENCAR, Marta Neiara Maria.
Resumo:
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.