A invisibilidade do trabalho reprodutivo no Direito das Famílias: instrumento para operacionalização da perspectiva de gênero em ações de guarda e alimento

Abstract

This dissertation investigates the invisibilization of reproductive labor within Family Law, focusing on the establishment of shared custody and child support obligations. It begins from the recognition that caregiving - historically assigned to women - consti- tutes essential labor for the reproduction of life, yet remains legally undervalued and economically invisible. Grounded in feminist theory, Social Reproduction Theory, and the political economy of care, the research adopts a qualitative, critical, and interdisci- plinary approach, articulating knowledge from law, sociology, psychology, and eco- nomics. The study examines of the Protocol for Judging with a Gender Perspective, instituted by the Brazilian National Council of Justice (CNJ) in 2021, and its mandatory implementation under Resolution No. 492/2023, identifying normative, hermeneutical, and operational gaps in its enforcement. It argues that the current model for determin- ing child support and imposing shared custody—without a contextualized analysis of caregiving—reproduces gender inequalities and perpetuates the naturalization of the so-called “maternal device.” As a technical product, the research proposes a protocol for evaluating parental care through indicators designed to highlight the historical dis- tribution of parental responsibilities prior to litigation. By offering a critical reinterpreta- tion of Family Law, this dissertation seeks to contribute to the construction of a legal culture that recognizes the economic and social value of care, promotes the equitable distribution of parental responsibilities, and ensures substantive equality within family relations.