Opinion (Rogério COPETO / Official GNR): PELA defesa DO "good father".

Gender equality is an issue that is on the agenda, this fight being led by feminist movements, who see in all expressions that refer to the male gender, an opportunity for the banning of our lexicon, so it surprises me still be able to use the expression "a good father of the family", in our legal system.

Rogério COPETO

Lieutenant Colonel of the GNR

Master in Law and Security and Homeland Security Auditor

Head of the Education Division / Command Doctrine and Training

The expression "a good father of the family"Used in the Roman law considers a normal person in the abstract, according to the social standards, civic and family society, for whose behavior the concept of "due diligence" is measured, emerging as the careful measuring element because in legal situations and serves to define the "fault".

In practice, it is said of someone who did not act with fault or, at least, with legally relevant fault, who used the "due diligence of a good householder".

It is in paragraph 2 Article 487 of the Civil Code, under the title "Guilt", we find the reference to the term "good family man": "Guilt is appreciated, in the absence of other legal criteria, the diligence of a good father, under the circumstances of each case".

And because the Civil Code has not changed, the "good father" expression will resist, despite the low price that the males currently checks, contributed to this, recent cases of murder of women at the hands of men, in the context of domestic violence, causing men are seen as potential aggressors, including good family men, we must protect and continue to have as a reference in our legal system, for purposes of assessing the "fault".

However, it is true, that with this article I may be to alert the Portuguese feminist movements, to the subject, leading them to take steps to eliminate the expression "good family man", for being sexist and violate gender equality.

this argument, which has been used by the French feminist movements, that much before proposing the elimination of the designation of "father" and "mother" of the forms of French public schools, so as not to discriminate against people of the same sex, They have taken steps to eliminate the expression "a good family's father", having the same been purged of all French laws in 2014.

It was precisely in August 2014, that France has eliminated the reference to "a good family's father"Of all the French legislation, having this legislative change occurred with the adoption of the "Equality Act", a “Law No. 2014-873 of 4 August 2014 for real equality between women and men", which came into force with the aim of public institutions, implement a 'Gender Equality Policy”.

The legislative initiative of that "Equality Act", It was responsible for a set of seventeen deputy(a)s French environmentalist party, which proposed the deletion of "a good family's father"For his sexist character, having been approved in the same 21 January 2014, despite the heated political debate, which included the opposition of deputy(a)s conservative, they called the initiative "language totalitarianism".

The "Law of Equality" was finally approved in August 2014 and did away with the expression "a good family's father"Fourteen articles, ten in the Civil Code (that inspired our), and the remainder in special laws, having eliminating been justified by its authors, in that the expression is outdated and obsolete (literally, "outdated") and that goes back to "patriarchy", It is misunderstood by citizens, can be easily replaced.

This reform resulted in France as well, the replacement, the archetype known in all countries of the Roman tradition (including Portugal) do “a good father of the family", by the standard of "reasonableness", Following the Anglo-Saxon tendency, where expression is used, and the elimination of the good father of the family's role model, that existed in French law.

On this basis, the authors of the "Equality Act" argued that the change was a strictly terminological, propose the following replacements: The word "care of a good father" (care of a good father) It would be replaced by "reasonable care" (reasonable care), and; "a good family's father" (good father) the word "raisonnablement" (reasonably).

This change in French legislation proceeds thus the elimination of the phrase "a good father of the family", with the justification that it is outdated, and that goes back to the patriarchal system, proposing a mere change in terminology, that does not affect the content itself, It is the notion of "reasonableness" in tune with the notion of "good family man", so the change would be minimal and limited to a kind of linguistic update, being which are basically eliminated antiquated expressions of a patriarchal society model, that the "Equality Act" aims to eradicate, arguing in favor of reform than the standard "a good family's father"It is a stereotype based on sex which justifies replacing it with one that is not.

This argument has before been applied in France, particularly in 2012, when the deletion of the word "mademoiselle" (Ms), "maiden name" (maiden name) e “Name of wife" (married name) in all administrative forms, being replaced by "madame" (Mrs) to the respective state civil protection. Is at 1970 It had been suppressed the expression "head of the family" (the householder), that for centuries identified the husband as the highest authority within the family.

The purge of "a good family's father"France had the main motivation gender equality, eliminating a pattern that worked for centuries, It is problematic for some, to represent the embodiment of the social role of "father of the family", a patriarchal family model, forgetting, however, its functionality as a standard of "due diligence" and "care", that has nothing to do with their role within the family, neither with gender.

The expression "a good father of the family"It is used to identify a sensible person's behavior model and current, normal diligence, standard or rule of conduct that a normal society expected of a reasonable person in general and not a particular man, so the consideration of what is or is not reasonable to always depend on what the judicial operator, ultimately the judge, meant by normal or not, in which case the expression "good family man", as neutral as the word "reasonable".

That is why, if the argument of gender deserves attention, critical reflection on this matter should also be made, because on one hand the notion of "good family man" can be difficult to understand for a lawyer who has not studied Roman law, which is the case of the Anglo-Saxon, also the mere automatic replacement by the standard of "reasonableness", stimulated by the influence of international and European harmonization, motivated by feminist movements, It does not imply a greater ease in their understanding and application, so the import standard of "reasonableness" Anglo-Saxon can create major constraints and doubts, so we advocate the continued use of "a good father of the family", in our legal system.

We finished proposing the creation of Hashtag: #peladefesadobonuspaterfamiliae; #somosbonuspaterfamiliae;

Share This Post On