A história do direito de dissolução da sociedade conjugal à luz do livro "O cortiço" de Aluísio Azevedo

Abstract

The science of Law is not self-sufficient in explaining the transformations of historical social institutions, such as marriage and family formation. To this end, Law must draw on other areas, such as history, art, and even literature, disciplines capable of revealing the moral values of a given era, values that will influence the progress of laws, institutions, and policies. In this sense, this master's dissertation revisits the dissolution of conjugal society in Brazil in light of one of the greatest works of Brazilian literature of the 20th century: O Cortiço, by Aluísio Azevedo. Thus, the work aims to reflect on the role of Law and Literature regarding the subject, using as a theoretical framework the work of Juliana Neuenschwander Magalhães, choosing to approach such institutions under the principles of property, freedom, and equality. Throughout the work, the dialectical method is adopted, approaching a historical and exploratory perspective of law, in order to combine it with the analysis of the literary work in question. Thus, Chapter 1 proposed the analysis of the history of Law and its intersection with the arts, especially Literature, and Chapter 2 discussed the principle of freedom and the birth of fundamental rights, including theories on gender and race. Chapter 3 addressed the historical evolution of marriage in Brazilian law, in light of property, and finally, Chapter 4 pointed out essential aspects of marriage today, such as the notions of formal and material equality, and structural gender-based violence in Brazilian society. Finally, the work sought to combine all these themes, showing how “O Cortiço” is a fundamental work for understanding the Brazilian reality of the time in which it was written, and demonstrating that certain problems are timeless.