Dilemmas Between the Norms and Practices of Judicial and Extrajudicial Divorce in the Interior of Rio De Janeiro

A Case Study

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DOI:

https://doi.org/10.22409/rep.v15i29.63787

Abstract

This paper describes a case study involving the dilemmas and nuances of a couple's choice between the judicial and extrajudicial methods of divorce. Here we describe how the normative-dogmatic discourse on these modalities takes place, especially the extrajudicial modality, which has idealized discourses that this form would solve what the field of law calls the “litigious culture”, a native expression that places litigation as a functional anomaly of the legal system. However, in the case analyzed here, we problematize how this idealized discourse opposes empirically observed bureaucratic practices. In addition to this, we saw that IBGE data shows a great preference among couples, when divorcing, for the judicial method, deconstructing the should-be discourse that extrajudicial forms would be the way to relieve the judiciary.

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Published

2024-08-06

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Artigos