NATIONAL POLICY OF CARE VERSUS THE INFORMAL CAREGIVER STATUTE: A CASE STUDY ON PUBLIC CARE POLICIES IN PORTUGAL AND BRAZIL
Marcela Uchôa, Jonas Van Vossole · Revista Direito, Estado e Sociedade 2025

This article takes a critical approach to recent developments in care policies in Portugal and Brazil, focusing on statutory and legislative changes aimed at addressing care work and its socioeconomic implications. The article focuses on two case studies: Portugal’s Informal Caregiver Statute, which intends to legally recognize and support informal caregivers but has limitations, such as restrictive definitions, inadequate implementation, and perpetuation of gender roles, effectively privatizing care within the family unit. Brazil’s approach, which although still in the legislative stages, on the other hand, aims to create an equitable and more advanced care policy, promoting a collective approach, a balanced division of labour, and addressing gender, racial, and territorial inequalities. In a call for recognition, fair compensation, and support for caregivers, we emphasize the need for collective responsibility and public care policies. Inspired by Marxist feminism and Social Reproduction Theory, we end by discussing the crisis of care, affirming the emotional and social tensions of balancing family and work within capitalism. It highlights how essential – albeit often unpaid – social reproduction work, predominantly performed by women, is for society.