Feminismos, direito, economia feminista: os impactos na análise de alimentos para ex-cônjuge ou ex-companheira

Abstract

This research revisits the trajectory of feminist movements in Brazil and analyzes the reflection of their demands in Brazilian legislation, with the 1988 Constitution as a milestone, which inaugurated formal equality in its text. It highlights the fundamental role of international human rights instruments in legitimizing and strengthening feminist struggles, contributing to the incorporation of women's rights into public norms and policies. The research proposes a critical reflection on the devaluation of domestic and unpaid care work, traditionally attributed to women by the sexual division of labor. Based on an analysis of thirteen judgments from the Superior Court of Justice (STJ) involving the right to maintenance for ex-spouses or ex-partners, it examines how the National Council of Justice's Protocols for Judgments with a Gender Perspective (2021) and with a Racial Perspective (2024) guide decisions that are more sensitive to gender, race/ethnicity and social class. The absence of racial data in the judgments analyzed reveals the persistent erasure of the racial debate in the legal field, reflecting not only an institutional silence, but also the reproduction of racism in the structures of the justice system. The study therefore advocates the adoption of a feminist and intersectional legal approach.