A igualdade de género na constância do casamento e aquando do divórcio

Abstract

In the study in question, we focused on the analysis of the legal institutions of marriage and divorce from the perspective of gender equality. Our objective was to understand whether these institutions provide both formal and substantive equality. Firstly, we started by addressing sex/gender as a factor of discrimination. We then proceed to retrace the legislative path until the moment the law made equal provisions for both genders. However, these egalitarian provisions did not have an effect in practice, as they failed to take into account the social reality in which we live in. It is paramount that we think of the law as an active agent capable of promoting substantive equality between genders, so that is why we tried to think of ways or changes we could make to the law to better tackle the issue in question. Initially, we analysed how the principle of equality of the spouses and the principle of shared decision-making influenced the personal effects of marriage. We then went on to examining how the violation of spousal duties could contribute to the dissolution of the marriage. In an effort to address the problem of the “feminization of poverty” we proposed changes to the legal mechanisms of alimony and compensatory credit, alongside a legislative provision that guarantees a greater recognition of domestic work and care for the dependents. Lastly, we analysed how court decisions are influenced by social preconceptions and the need for those who apply the law to be in tune with these gender issues. We concluded by addressing the entire legal community on the need of investing in training in the field of gender equality and women’s rights.

Date of Award	8 Sept 2025
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria Elisabete Ferreira (Supervisor)