A averiguação de paternidade em questão: por uma lente feminista e protetiva de crianças

Abstract

The main objective of this research is to question the paternity investigation procedures in the State of Rio de Janeiro (RJ). Based on the speeches of prosecutors of Public Prosecutor's Office of the State of Rio de Janeiro (MPRJ) and school principals, the aim was to problematize the ways in which paternity investigation procedures are intended to guarantee the right of children to have their father's name in the civil register, without violating the rights of mothers. The research is based on ethnographic interviews, a survey of data from public databases and an interdisciplinary literature review. The analysis adopted Andrea O'Reilly's framework of matricentric feminism, as well as other feminist theoretical frameworks, which made it possible to broaden the perspectives of protecting the child's right to a paternal name, linking it to respect for the rights of women mothers. The legislative history showed part of the researcher's personal history and how the recognition of paternity rights in Brazil was based on the idea of marriage. Subsequently, the father's name has taken on an imposing character, with paternity investigation procedures becoming more and more regulated by federal and state laws and institutional projects in the justice system, which may be causing stigmatization/discrimination for children who don't have their father's name, as well as an excessive workload for the mothers who attend to the notifications. Based on the practices in place, it was found that biological paternity is predominantly sought in the procedures underway in the justice system, contrary to the socio-affective criterion that has been strengthened in Brazil over the last few decades. As a result, the research pointed to the need to understand the paternity investigation procedure as a sexual and reproductive right of the mother and the danger of stigmatization for the children. Furthermore, in the light of the Convention on the Rights of the Child, the lack of participation of children and adolescents in paternity investigation procedures was noted. Finally, the research questioned the unconstitutionality of RJ State Law No. 6.381/2013, which provided for the school paternity investigation procedure.