EXTRAJUDICIAL DIVORCE IN THE COMBAT OF DOMESTIC VIOLENCE

Abstract

This article analyzes the possibility of using extrajudicial divorce as an instrument to protect women’s legal autonomy in contexts of domestic violence, considering the legal limits of the administrative procedure and the normative evolution of divorce in Brazil. The research adopts a qualitative, bibliographic, and documentary approach, examining the 1988 Federal Constitution, Law No. 11,340/2006, Law No. 11,441/2007, Law No. 13,894/2019, the Code of Civil Procedure, and specialized legal literature on Family Law and gender-based violence. The study shows that the dejudicialization of divorce has contributed to greater speed in the consensual dissolution of marital bonds, especially after the consolidation of divorce as a unilateral right. However, in situations of domestic violence, the extrajudicial procedure requires caution, since the imbalance of power between the victim and the aggressor may compromise the free expression of will. It is concluded that extrajudicial divorce may represent a relevant mechanism for autonomy and protection, provided that legal requirements, adequate legal assistance, absence of coercion, and coordination with protective measures and women’s support services are ensured.