O direito das famílias na literatura: pátrio poder e insubordinação feminina em “a emparedada da rua nova”

Abstract

This paper draws on the possibilities of intersection between law and literature to revisit issues related to legal sciences in Carneiro Vilela's “A emparedada da Rua Nova.” This book enables na analysis of power relations and gender roles established at the end of 19th century, hence creating a new way to think about the Law with aid of Literature. Observing the evolution of family law in the Brazilian legal framework over the centuries (19th to 21st), this research aimed to employ the mentioned literary narrative as an instrument to debate on diverse family structures, patriarchalism, and women’s emancipation. The central research problem lies in comprehending to what extent the narrative in "A Emparedada da Rua Nova" helps to understand the construction of female identity in the face of paternal power, viewed as a historical-legal concept. Thus, the methodology employed is based on bibliographic and documental exploratory research, to question the role of women in the family through the characters’ own experiences. Furthermore, this paper debates perspectives on conjugality and parenthood which are based on a eudemonist conception of family, endorsed by legal feminism.