Economic and/or Patrimonial Violence: Civil Dissertations with a Gender Perspective

Abstract

Tis is a scientifc refection article that uses predominantly qualitative techniques within the framework of the critical social approach, integrating analysis and reflections from the authors’ experience in the fields of gender and civil law, with the purpose of identifying the main advances, gaps, uncertainties and challenges in the fight against violence based on sex and gender, especially linked to economic and/or patrimonial violence that generates psychological damage and affects the self-esteem and life projects of the victims. To this end, twenty academic texts and rulings from high courts related to advances in comparative law and the jurisprudential line drawn by the high courts and the gaps in relation to protection measures for this type of violence that are sometimes normalized, making it difficult for victims to access justice, are identified and analyzed through predominantly qualitative techniques such as documentary review. The article addresses the analysis of contractual nullity due to violence or force as a vice of consent in businesses determined by women victims of violence exerted by their partners, within the framework of the duty of judicial authorities to apply justice with a gender approach, which allowed us to conclude the difficulty of protecting these situations through the classic figures of civil law and the urgency of developing actions to efficiently remedy these problems.