Habitus patriarcal e licença "maternidade": a necessária adequação dos conceitos legais como respeito aos novos modelos familiares constitucionalmente reconhecidos

Abstract

The present study aims to study the field theory developed by the sociologist Pierre Bordieu regarding the provision of maternity leave that presents in a discriminatory way, assigning responsibility to the children only to the woman. The general objective is to analyze the social field in which we are inserted that the patriarchal mode reigns among the social agents who share this habitus, so that it is disregarded other family arrangements that differ from traditional families. It is assumed that the new family arrangements have undergone significant changes over time, however, the patriarchal mode is still present. It will be analyzed the cases in which the license is not granted for families that are not in the rule and logic of operation of that fields. In order to do so, the study about the affiliation and the socio-affective ties begins, which overlaps with the biological and juridical links. The importance of a figure who undertakes the care and protection role of the child, which is not tied to the idea of ​​gender, is not justified, and it is not justified to attribute this role only to the mother figure, demonstrating through jurisprudential and news.