Resumo

SILVA GONZALEZ, Jorge Luis  e  PEREZ VELIZ, Alie. Gender Approach in the Current Cuban Family Code. Estudios del Desarrollo Social [online]. 2018, vol.6, n.1, pp. 47-73. ISSN 2308-0132.

The present study analyzes the gender approach from the perspective of equity in the Cuban Family Code, specifically in the Second Section "Of Guardianship and Care and Communication between Parents and Children" in articles 88 to 91.Reference is made to gender theory and a legal comparison is made considering the regulation of this particular in countries of the Roman-French system, such as Venezuela, Argentina, Spain and Bolivia. The results show that the normative dispositions analyzed are covered by traditionalist, biologistic and sexist determinisms, since they postulate a favorable judgment for the mother, when in fact they should guide the decision-maker to exhaust all the means at their disposal to Determine who has the best right to exercise.

Palavras-chave : Gender; gender approach; family law; custody and childcare.

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