A construção histórico-social da inferiorização das mulheres, a formação do estado moderno e seus reflexos no direito

Abstract

We must initially note that this stud does not aim to exhaust all issues related to the concept of female body or women’s body, we will not go deeply into the study of gender with regard to the identification of a bod, whether biologically structured or not as female, therefor, we need to consider the dimension of the work and the time to finish it. In this sense, this study aims to address, first and briefly, a historical overview of the sociological development of women’s rights over their own bodies, until we arrive at the basis that serves for our current legal system, as a way of better understanding the decisions that involve the issues surrounding the woman’s body today. Directing, also, secondarily, to specific problems that involve the development of the State as a patriarchal State based on a capitalist economy. We justify the importance of this research considering that, in order to understand the dimension of certain types of violence or even certain restrictions on rights that women experience today, we need to establish a line of thought based on the development and analysis of certain State powers. In this sense, in a first chapter, we will deal with the historical panorama of this research, seeking to trace the bases that influenced the development of women's rights over their bodies. In a second moment, in the second chapter, we will have a deeper analysis on the dimension of the development of certain powers of the State, as a way to point out how the historical panorama influenced in the formation of the current legal system. And, finally, in a third moment, we will see the influence of the State, in its patriarchal form, dictating the measures of the "good" use of the woman's body based on Laws whose main purpose is to guarantee the economy and the status quo. We will analyze how this influence has been a fundamental point for questioning our order.