Invisible capital as a criterion for the determination of child support based on analysis of case law

Abstract

This article investigates the concept of "invisible capital" as applied to motherhood and its legal relevance in the determination of child support, within the framework of Family Law and gender equality. Based on documentary research, the paper analyzes judicial decisions from the Court of Justice of the State of Parana, a Brazilian state appellate court, identifying whether and how unpaid care and the emotional, physical and affective investment of mothers are recognized in court. Drawing on legal scholarship and recent case law, the study highlights the limitations of the traditional need-and-ability-to-pay framework and proposes the inclusion of invisible capital in child support calculations as a tool for material justice and gender equity. The critical analysis of court rulings reveals incipient advances and the pressing need for a paradigm shift in judicial reasoning. The study employs a qualitative approach and deductive method, organized in three axes: legal criteria, theoretical foundation, and jurisprudential analysis.