Nova ordem democrática de direitos e machismo no Brasil: um descompasso entre as normas jurídicas e a realidade social

Abstract

Nowadays, Brazil is experiencing a new democratic order of rights afforded by the promulgation of 1988’s Federal Constitution, which enunciates as one of the fundamentals of human dignity, as well as precepts the equality not just like on a formal way, but it seeks its materialization on people’s life, through the positivation of special clauses, seen as a kind of “positive discrimination”. However, the country juridical framework exhibits a revealing past of contradictions with the current democratic regimen, since it gave discriminatory treatment to women, whom had aspects of their life such as their bodies, sexuality, professional practice, subordinated to the will of men, which are the head of the family, according to the law. This project intends to demonstrate how this social and legal structure historically built has negative reflexes in the present, transmuting the patriarchalism for a masculine domination noticed not only on the family environment, but also on affective relationships, on labor market and politics. To do so, an analysis on the historical context of gender inequalities was made, explained though civil legislation and constitutional rights, and recent researches had been used, the first one made with girls and the second made with young women and men in order to demonstrate how gender inequalities persist nowadays and which critics have to be made to the perpetuation of machismo in society