NOTES ON THE DUTY OF MAINTENANCE BETWEEN SPOUSES AND PARTNERS AND THE PROTOCOL FOR JUDGMENT WITH A GENDER PERSPECTIVE

Authors

• Mariane Contursi Piffero

Abstract

This essay's theme was the analysis of the duty to maintain food between spouses and partners and the possibility of the Judiciary being an active agent in combating gender inequality. The general objective was to analyze the context of a woman's duty of care and the requirements for her ex-husband's maintenance obligation due to divorce and the role of the Judiciary in reducing gender inequality. The specific objectives were: to analyze the role of women as family caregivers and their repositioning in the job market after the end of the marriage; verify the requirements for women to receive maintenance after the end of the marriage and analyze the decisions on maintenance obligations between spouses of the Rio Grande do Sul Court of Justice from 2021 to 2023. The guiding problem of the work was the Protocol for Judgment with a Gender Perspective, can it contribute to the decisions of the Court of Justice of Rio Grande do Sul in reducing gender inequality? The initial hypothesis was that the Court of Justice of Rio Grande do Sul, using the Protocol, could improve its contribution to reducing gender inequality when judging maintenance requests in favor of women. The approach method was deductive and the monographic procedure method with bibliographic and documentary research techniques. The bibliographical research was carried out in consultation with the basis of theoretical bases supported by books and scientific articles. The documentary research was carried out on the website of the Brazilian Institute of Geography and Statistics, on the website of the Superior Court of Justice, on the website of the Court of Justice of Rio Grande do Sul.