Feminine Identity in the Thought, Legislation and Judicial Activity of the 19th and 20th Centuries in Portugal. Part I (Introduction)

Abstract

This article seeks to lay the foundation for research focusing on the identification of female identity as a concept applicable to the nineteenth and twentieth centuries, in Portugal. The analysis bases focus on existing doctrine, focusing mainly on produced legal literature and dogmatic main prepared by the adviceliterature, which is associated with the influence of the Church doctrinein various catechetical manuals of the time.The study proposes to examine how the legislation on Family Law addresses the issue, particularly in identifying the roles assumedbywoman as wife, mother and caregiver.In this sense,we consider this legislative role mainly in institutions such as marriage and parental responsibility. It is also articulate an understanding of feminine identity, considering the judicial activity developed in the nineteenth and twentieth centuries, specifically relating to the separation of the spouses inthe Civil Code of 1867 and in the event of divorce,after 1910 with the publication of DivorceLaw.