AN ANALYSIS FROM THE GENDER PERSPECTIVE ABOUT THE (IN)FEASIBILITY OF THE APPLICATION OF SHARED CUSTODY IN CASES OF DOMESTIC VIOLENCE AGAINST WOMEN

 DOI: 10.5281/zenodo.7811287

 

Júlia Silva Gonçalves

Master's student in Law and Social Justice at the Federal University of Rio Grande (FURG). Post-graduated in Family and Succession Law by Fundação Escola Superior do Ministério Público (FMP). Graduated in Law from the Federal University of Pelotas. Email: juliasilvagoncalves15@gmail.com.

 

Daniela Simões Azzolin

Master's student in Law and Social Justice at the Federal University of Rio Grande (FURG). Postgraduate degree in Feminist Advocacy and Women's Rights from Faculdade Legale. Post-graduated in Family and Succession Law by Fundação Escola Superior do Ministério Público (FMP). Graduated in Law from Universidade Franciscana (UFN).E-mail: danielaazzolin@hotmail.com

ABSTRACT

This article deals with the feasibility or not of granting shared custody of children in common, between aggressor and victim, in the context of domestic and family violence against women. Based on the view of women as a heterogeneous group, the aim is to analyze the ways in which the Maria da Penha Law changed, or not, the social archetype for crimes involving violence against women in the family environment, what are the stigmas that accompany and how these demands are dealt with when they reach the Police and Judiciary. Still, this research seeks to delimit what are the main consequences for women-mothers who suffer this type of violence and for their children, seriously affecting their development throughout life. Still, the current custody models and the specificities that determine their choice are analyzed, especially taking into account the maxim in our legal system, which determines that custody must be shared whenever possible, being the rule in most cases. In view of this, the objective is to understand whether the shared model is the most appropriate for cases in which there is domestic violence, especially during the validity of a protective measure in favor of women. In this way, hierarchical gender relations are analyzed and how they influence existing family circumstances using the deductive method, starting from the general premise of the legal stipulation of shared custody as a rule in the Civil Code of 2002, for the analysis of cases specific areas marked by violence against women. In the end, it is concluded that custody should not always be granted to both parents, especially when family dynamics are marked by violence, striving for the best interest of the child and the protection of the woman's physical and mental health.

Keywords : Domestic violence. Shared custody. gender. Families. Feminism.