GENDER INEQUALITY IN PARENTAL RESPONSIBILITY IN BRAZIL: ANALYSIS OF MATERNAL OVERLOAD AND PATERNAL OMISSION UNDER THE LEGAL SYSTEM

Abstract

The unequal division of parental responsibilities between men and women is one of the most evident reflections of gender inequality in Brazilian family relationships. This work critically analyzes the legal, social, and cultural factors that contribute to maternal overload and paternal omission, highlighting existing legal mechanisms and their limitations in effectively holding absent fathers accountable. It analyzes cultural factors that normalize paternal absence and institutional barriers within the justice system, whose predominant response is child support. It discusses parental equality in the Federal Constitution, parental authority in the 2002 Civil Code, and comprehensive protection in the Statute of Children and Adolescents, concluding that paternal accountability remains limited, disproportionate, and with low effectiveness.