A feminist analysis of child neglect cases from the Brazilian Superior Court of Justice
Abstract This article analyzes the opinions of judges of the Brazilian Superior Court of Justice (STJ) in child neglect cases from a feminist perspective by “asking the woman question” to identify implicit male bias in legal concepts and standards that are apparently gender neutral. Several sexist a...
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| Format: | Article |
| Language: | English |
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Fundação Getúlio Vargas, Escola de Direito
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| Series: | Revista Direito GV |
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| Online Access: | http://www.scielo.br/scielo.php?script=sci_arttext&pid=S1808-24322020000100205&lng=en&tlng=en |
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| author | Flavia Portella Püschel |
| author_facet | Flavia Portella Püschel |
| author_sort | Flavia Portella Püschel |
| collection | DOAJ |
| description | Abstract This article analyzes the opinions of judges of the Brazilian Superior Court of Justice (STJ) in child neglect cases from a feminist perspective by “asking the woman question” to identify implicit male bias in legal concepts and standards that are apparently gender neutral. Several sexist arguments can be found both in opinions against awarding damages for child neglect and in opinions in favor of it. Sexist bias is shown in the disregard of legal doctrine, as well as of the ambivalent character of family relations and their hierarchical structure. This bias is further expressed in the devaluation of women’s interests and life experiences, stereotyping, problems of logical reasoning as well as in the disregard of statutory rules. The article concludes that the STJ was unable to take into account the point of view of women and the circumstances in which child neglect actually takes place in Brazilian society today. The court developed a concept of harm that, although apparently gender neutral, is based on discriminatory reasons and has greater negative impact on women than on men. |
| format | Article |
| id | doaj-art-59e3987e346242298884ccce158675bf |
| institution | Kabale University |
| issn | 2317-6172 |
| language | English |
| publisher | Fundação Getúlio Vargas, Escola de Direito |
| record_format | Article |
| series | Revista Direito GV |
| spelling | doaj-art-59e3987e346242298884ccce158675bf2025-02-02T11:54:45ZengFundação Getúlio Vargas, Escola de DireitoRevista Direito GV2317-617216110.1590/2317-6172201944S1808-24322020000100205A feminist analysis of child neglect cases from the Brazilian Superior Court of JusticeFlavia Portella PüschelAbstract This article analyzes the opinions of judges of the Brazilian Superior Court of Justice (STJ) in child neglect cases from a feminist perspective by “asking the woman question” to identify implicit male bias in legal concepts and standards that are apparently gender neutral. Several sexist arguments can be found both in opinions against awarding damages for child neglect and in opinions in favor of it. Sexist bias is shown in the disregard of legal doctrine, as well as of the ambivalent character of family relations and their hierarchical structure. This bias is further expressed in the devaluation of women’s interests and life experiences, stereotyping, problems of logical reasoning as well as in the disregard of statutory rules. The article concludes that the STJ was unable to take into account the point of view of women and the circumstances in which child neglect actually takes place in Brazilian society today. The court developed a concept of harm that, although apparently gender neutral, is based on discriminatory reasons and has greater negative impact on women than on men.http://www.scielo.br/scielo.php?script=sci_arttext&pid=S1808-24322020000100205&lng=en&tlng=enanálise feminista do direitoviés de gêneroabandono afetivoresponsabilidade civiljurisprudência do superior tribunal de justiça (stj) |
| spellingShingle | Flavia Portella Püschel A feminist analysis of child neglect cases from the Brazilian Superior Court of Justice Revista Direito GV análise feminista do direito viés de gênero abandono afetivo responsabilidade civil jurisprudência do superior tribunal de justiça (stj) |
| title | A feminist analysis of child neglect cases from the Brazilian Superior Court of Justice |
| title_full | A feminist analysis of child neglect cases from the Brazilian Superior Court of Justice |
| title_fullStr | A feminist analysis of child neglect cases from the Brazilian Superior Court of Justice |
| title_full_unstemmed | A feminist analysis of child neglect cases from the Brazilian Superior Court of Justice |
| title_short | A feminist analysis of child neglect cases from the Brazilian Superior Court of Justice |
| title_sort | feminist analysis of child neglect cases from the brazilian superior court of justice |
| topic | análise feminista do direito viés de gênero abandono afetivo responsabilidade civil jurisprudência do superior tribunal de justiça (stj) |
| url | http://www.scielo.br/scielo.php?script=sci_arttext&pid=S1808-24322020000100205&lng=en&tlng=en |
| work_keys_str_mv | AT flaviaportellapuschel afeministanalysisofchildneglectcasesfromthebraziliansuperiorcourtofjustice AT flaviaportellapuschel feministanalysisofchildneglectcasesfromthebraziliansuperiorcourtofjustice |