The weight of care

the legal invisibility of the solo atypical mother

Abstract

This paper addresses the legal invisibility and the socioeconomic impact faced by solo mothers of children with atypical development, highlighting the immense burden resulting from gender oppression, the isolation of solo parenting, and the severe demands of atypicality. Historically naturalized as a maternal instinct, caregiving is analyzed through the lens of its true labor and economic nature. The study questions the neutrality of legal norms and State omission regarding the hijacking of maternal productive time and the systematic impoverishment of these women. The research proposes a legal rebalancing of social burdens through three main axes: the analysis of paternal functional abandonment in Family Law, advocating for civil liability and increased compensation for the unjust enrichment of the omissive father; the feasibility of flexible working hours in the private labor regime (CLT), based on the principle of reasonable accommodation by analogy to the public service; and the critique of the restrictive income criteria of the Continuous Cash Benefit (BPC/LOAS) in Social Security. Methodologically, the investigation is guided by the hypothetico-deductive method to test the validity of the proposed theses in light of normative gaps. To this end, a combined approach of bibliographic research (focused on the doctrine of Civil, Labor, and Constitutional Law, as well as the Sociology of Care) and documentary research (through the analysis of legislation such as the Federal Constitution, the Consolidation of Labor Laws [CLT], Law No. 8,112/90, international regulations, and rulings from national courts) is adopted, employing techniques of systematized reading and content analysis.It concludes that it is urgent for the legal system to overcome its institutional blindness, recognizing the economic value of caregiving to ensure patrimonial justice, a real division of responsibilities, and State support, thereby securing the human dignity and the life projects of these caregivers.