“Antes que a morte os separe”: casamento, divórcio e violência de gênero no Brasil (1946-1985)

Abstract

The "Divorce Law" (Law No. 6,515/77), promulgated in Brazil in 1977, played a significant role in allowing direct divorce, enabling couples in unsustainable living situations to legally separate. This legislation was a crucial milestone in the history of women's rights in the country, as it granted women the right to seek divorce for the first time. This law represented a substantial advancement for women living in situations of gender-based violence, providing them with a legal means to break free from abusive and violent relationships. Although the "Divorce Law" did not specifically address gender-based violence, its approval was an important step toward securing women's rights and recognizing the importance of ensuring protection for vulnerable women. As a result of this initial movement of denunciation and support, the issue of violence against women gained increasing prominence in social and political discussions, driving the advocacy for public policies and specific legislation to combat this serious problem. This doctoral thesis aims to understand how the "Divorce Law" contributed, to some extent, to initiate a movement of denunciation and support, both socially and legally, for women victims of gender-based violence. Additionally, it seeks to comprehend how this law generated a broad social debate on violence in heterosexual marital relationships. To achieve this goal, national and regional newspapers and magazines from 1946 onwards were employed as sources, enabling an in-depth analysis of the extensive political debate on divorce, including the viewpoints of its proponents and the strategies employed by opponents. The selected period was based on the availability of periodicals addressing women's rights in the context of divorce. Judicial sources proved to be vital for analyzing gender-based violence, with 144 divorce or separation cases between 1978 and 1985 within the jurisdiction of Porto Alegre having been utilized. With their study, categories for investigating narratives involving subjectivities and elements that are beyond legal discourse can be established. The late 1970s and the subsequent decade witnessed a growing interest in women's research and the creation of public policies. The analysis of this collection of documents and debates within the literature on women's rights and gender-based violence facilitated the compilation of elements aimed at understanding the historical context that ultimately led to public policies in this field.