Igualdade de gênero na pensão alimentícia: uma análise crítica da equidade na distribuição de responsabilidades

Abstract

This paper critically analyzes the division of parental responsibilities between mothers and fathers in the context of child support, highlighting the existing imbalance between the formal equality established in legislation and judicial practice. It starts from the recognition that, despite legal advances regarding shared parental responsibility, the Judiciary still adopts interpretations influenced by patriarchal standards, resulting in the overburdening of mothers, especially single mothers. Using a qualitative methodology based on documentary and bibliographic research and the inductive method, statistical data, court decisions, and legal norms were analyzed. The results show that the child support obligation is often treated as sufficient to fulfill parental duties, disregarding the invisible labor of mothers — such as daily caregiving, emotional support, and household management — which reveals a persistent material inequality. The study also examines the Protocol for Judging with a Gender Perspective, proposing its adoption as a tool for more equitable judicial decisions. It concludes that recognizing and valuing mothers' unpaid responsibilities in the adjudication of parental obligations is essential to promoting effective gender equality in judicial decisions.