Gender inequality in the calculation of alimony: An analysis of court decisions and their impact on the burden on women as the main caregivers of children

Abstract

Gender inequality is a persistent phenomenon that permeates various spheres of society, including the judicial system. This article explores how judicial decisions regarding the calculation of child support, by focusing predominantly on basic items, maintain gender inequality and burden women, who generally assume the role of primary caregivers for children. This research seeks to answer the following question: to what extent do court decisions, focused exclusively on basic items when calculating alimony, contribute to the maintenance of gender inequality, resulting in the overload of women as the main caregivers of children? Using a methodological approach that combines qualitative and quantitative analysis of judicial decisions, the research reviews the 2002 Civil Code and the 1988 Federal Constitution. Furthermore, it examines how judges determine the value of the pension and considers cases in which items beyond the basic are included in the calculation. The analysis is complemented by a review of the literature and studies that address the topic. The study reveals that the judicial practice of focusing only on the basic items of child support ignores essential additional costs, such as extracurricular activities and time dedicated to child care, contributing to the perpetuation of gender inequality. The research highlights that such financial gaps place a disproportionate burden on women, exacerbating the economic and emotional difficulties they face in balancing their professional and personal responsibilities. The results indicate the need for reforms in judicial practices and the interpretation of laws to ensure a fairer distribution of parental responsibilities. It is crucial that court decisions consider all costs related to raising children, promoting an approach that fully recognizes the realities of modern motherhood. The research concludes that, by implementing changes that recognize the totality of children's needs and the value of maternal care, it will be possible to mitigate the burden imposed on women, promoting a more equitable and fair society.