O contrato sexual e o debate sobre a negação da esfera pública à mulher no direito brasileiro

Abstract

The sexual contract is a concept that shows, in a political and historical perspective, how the constitution of society was based on the denial of the human condition to the woman. The purpose of this essay is to create guidelines about the content of this theory, in a didactic and non-exhaustive way, linking it to the Brazilian reality. Our argument is that, from the theory raised by Carole Pateman, it is possible toaffirm that, according to the patriarchal structure of society, women can be relegated to a status not as subject, but as property, whose scope of freedom does not reach the spheres where real civil liberties are exercised. The text brings to light issues of power that are based on the invisible structures of patriarchy and also points out how Brazilian law has built and reformulated its legal provisions in this environment of inferiority and denial of voice to women.