Banca de DEFESA: LUISA MEDEIROS BRITO

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
DISCENTE : LUISA MEDEIROS BRITO
DATA : 30/08/2019
HORA: 14:00
LOCAL: Sala G4 do Setor II
TÍTULO:

Maria da Penha Law: A critical feminist analysis of its application in Caicó/RN

PALAVRAS-CHAVES:

Feminist movements. Special Criminal Courts. Maria da Penha's Law. Critical Criminology. Feminist Criminology. Caicó/RN.

PÁGINAS: 126
GRANDE ÁREA: Ciências Humanas
ÁREA: Sociologia
SUBÁREA: Outras Sociologias Específicas
RESUMO:

The issue of the violence against women presents itself as a consequence of the patriarchal system, especially on what touches the family and domestic sphere. Despite the undeniable exploitation structure that patriarchy exerts onto woman, it is wrong to say that there is not, nor that it never have been resistance. The feminists movement's acting provided alternatives so that women, in their multiplicity of livinghoods, could enjoy their right to social and political participation in the pursuit for recognition, equality and social transformations. The creation of Special Criminal Courts by the law 9.099/1995 was faced by the feminists as a drawback, because they believed that the kind of treatment that the norm gave to the cases of domestic violence was too mild and allowed the trivialization of that problem. It surged, then, to welcome the social wishes, the law number 11.340/2006, popularly known as "Maria da Penha's Law" that, among other changes, stiffened the criminal treatment given to the cases of domestic and familiar violence in our country. This dissertation is destined to investigate the Estate's punitive intervention through the analysis of the criminal procedures that were cataloged and archived in boxes of files specifically organized by the subject of domestic and familiar violence, under the aegis of the Maria da Penha's Law, in the county of Caicó/RN. To the concretion of these objectives, besides the study of the documents and bibliographies, it was done an empirical research in the files of the Criminal Court and County of Domestic and Familiar violence of the city of Caicó and in the "Lilac files", nowadays linked to the 2nd Court of Caicó/RN. The procedures were analyzed from previously established criteria, aiming to trace a profile of the actors and of the procedural courses and outcomes, which include: aggressor gender, criminal description of facts, degree of kinship, allegedly aggressor's and victim's professions, neighborhood where allegedly aggressor and victim live, average ages of victims and defendants, deferring of protective measures, average interval of time between soliciting of protective measure and respective deferment, prison in the act, conversion of flagrant in protective measure, average time of preventive custodies, recurrence of the cases of domestic violence with the same subjects, number of convictions, absolutions and ratifications, besides of extinctions by other purposes, quantity of processes that counted with the direct intervention of public or private defense attorneys, the means by which the initiative took place and their average duration. During the analysis of the data, some cases called out our attention, because they reflected the main critics of the feminist criminology and of the critical criminology to the judicial treatment of the domestic and familiar violence, which has led us to the analysis of these concrete cases. The obtained results confirmed the selective tendency of the Estate to the mechanism of punitive control, which attract with the possibility to assume the defense of women, but do not solve the conflicts in a satisfactory manner and an urgency to consolidate a critical feminist criminology.

MEMBROS DA BANCA:
Presidente - 1352037 - EDMILSON LOPES JUNIOR
Interna - 1475558 - LORE FORTES
Externo à Instituição - KILDER BARBOSA DA SILVA - UFPB