A paridade entre os sexos e a paridade do imóvel adquirido através do programa "minha casa, minha vida"

Abstract

The federal government housing program "Minha Casa, Minha Vida" (author's translation: "Home, My Life"), established by Law nº. 11.977/2009 brings controversial provisions that interfere in family relationships, in particular art. 35-A, which is designed for women, preferably ownership of property acquired through this program during a separation or divorce, except in the case of man figure as holder of the sole custody of the couple's children, in which case the property will be in his name or he will be transferred in the event of dissolution of marriage or stable union. In both cases, it is completely disregarded property regime applicable to the couple. It happens that this supposed preference has caused discussions, questioning whether there would be a violation of the principle of equality, especially in relation to gender equality, as well as whether it would be possible for the State to intervene in the private autonomy relativizing property regime applied to marriage or the stable, freely elected by the couple or, in the absence of choice, applied the law. However, to arrive at this response is necessary to observe various legal, historical and social issues. The house being a constitutional right, we must examine the State's obligation in enables it, entering in the aspect of the social function of property, subject as relevant today when talking on the subject. On family law, implies the need to observe, especially the provisions on matrimonial property regimes and the new roles assumed by its components. It is essential to study the principle of equality, especially after the 1988 Constitution. This paper aims to analyze the housing program "Minha Casa, Minha Vida", its institution, the effects of the provisions of art. 35-A, and finally , if the national legal system to greets or not, in order to conclude about their (un)constitutionality, therefore, it is necessary to observe the aspects related to the social function of property, equality between genders and the placement of women in the current social context. The methodology used is the method of deductive approach, starting from a general to specific. This time, it concludes, the constitutionality of Art. 35-A of Law nº. 11.977/09, since it is perfectly in line with the national legal system, especially with the 1988 Constitution.