A DESPATRIMONIALIZAÇÃO DAS RELAÇÕES FAMILIARES NO ORDENAMENTO JURÍDICO BRASILEIRO E A IMPORTÂNCIA DA

Abstract

This paper analyzes the trajectory of the depatrimonialization of family relations in the Brazilian legal system and the consequent affirmation of women as rights-bearing subjects, focusing on the cultural and institutional resistances that still perpetuate gender inequality. It begins with a historical study of the 1916 Civil Code, which legally enshrined female objectification and marital authority, followed by the constitutional turning point of 1988 and the consolidation of the egalitarian paradigm in the 2002 Civil Code and the Maria da Penha Law. The research also examines the interaction between Family Law and Criminal Law in addressing domestic violence, highlighting emblematic cases such as Mariana Ferrer and Vanessa Ricarte, which reveal the persistence of revictimization and institutional inefficacy in protecting women. The study employs the deductive method, with a qualitative and exploratory approach, drawing on legislative, doctrinal, and jurisprudential sources. It concludes that, although normative progress represents a civilizational milestone, formal equality has not yet translated into material equality, making the continuous critique and hermeneutical reconstruction of Law indispensable so that it may effectively become an instrument of female emancipation and the overcoming of the patriarchal paradigm.