Em que medida a jurisprudência do STJ reconhece o trabalho de cuidado da mãe como contribuição econômica indireta apta a influenciar o trinômio necessidade-possibilidade-proporcionalidade

Abstract

This article analyzes the measurement of women’s work in the calculation of child support within Brazilian Family Law, with special emphasis on the condition of single mothers and the jurisprudence of the Superior Court of Justice. The study adopts a historical approach to child support and the legal construction of single motherhood, highlighting the social transformations that have shaped contemporary family relations. It examines the traditional model for determining child support, based on the triad of need, ability to pay, and proportionality, pointing out its limitations in light of the invisibility of unpaid domestic and care work predominantly performed by women. Using a qualitative methodology, with doctrinal and documentary analysis of legislation and case law, the research demonstrates that non-remunerated maternal work constitutes a significant indirect economic contribution to the child’s subsistence. The article also discusses the influence of the National Council of Justice’s Gender Perspective Judgment Protocol in recognizing the legal value of maternal work. It concludes that incorporating a gender perspective into the calculation of child support is essential to promoting equality in family relations, valuing women’s work, and ensuring the effectiveness of human dignity within Family Law.