Banca de QUALIFICAÇÃO: CAMILA CARVALHO RIBEIRO

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : CAMILA CARVALHO RIBEIRO
DATE: 15/05/2023
TIME: 17:30
LOCAL: Ambiente virtual
TITLE:

THE SUBFORMALIZATION OF “POTENTIALLY GRAVE” CRIMES IN DOMESTIC AND FAMILY VIOLENCE AND ITS IMPLICATIONS: THE PREVENTIVE AND REMEDIAL ROLE OF THE STATE

KEY WORDS:

Symbolic violence. Domestic violence. Subformalization. Public policy.

PAGES: 184
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The construction of a collective unconscious around female experiences and gender roles contributes to the maintenance of a patriarchal, sexist and misogynistic system. The symbolic violence exerted on women, which is revealed in micro-machismo, micro-abuse, naturalized and legitimized behaviors, feed and make violence invisible, especially those considered, by the culture, as “more subtle”. This invisibilization can be an obstacle to the formalization of complaints by women. In this perspective, the question is: is there, in Brazil, in the scope of domestic and family violence practiced against women, the sub-formalization of crimes culturally considered as “less serious” or “potentially serious”? The hypothesis is yes. Furthermore, why does this sub-formalization happen, what are the implications of this and how can the State, in its preventive/repairing role, act to remedy this problem and make access and guarantee of rights to women in situations of violence more effective? It is believed that sub-formalization stems from factors such as: unawareness of the situation of violence; lack of information; personal barriers; lack and inefficiency of coping services; lack of credibility in court and a short legal period for filing a complaint or representation, in crimes subject to private or public criminal action. It is assumed, therefore, that there must be a more active and efficient action by the State, covering the criminal, civil and assistance channels. The research is justified by the disproportionality between the high number of notifications of these crimes and the low rate of formalization. The objective is to understand this dynamic and analyze how the State can strengthen its coping policies, based on its guarantee institutions, to modify this reality, providing greater protection and security to women. For the development of the research, hypothetical-deductive, historical and statistical methods were applied. As for the procedures, we used bibliographical, documental, experimental research and data collection. The approach was quali-quantitative; the nature, applied and the objectives, explanatory and exploratory. It was concluded, in fact, that sub-formalization occurred, confirming the hypothesis and reasons raised, recommending, in summary, the strengthening of the Structuring Axes of the National Policy to Combat Violence Against Women, namely: prevention, assistance, confrontation, combat, access and guarantee of rights, so that the State must prioritize the development, expansion and efficiency of affirmative policies and its Service Network, considering the peculiarities and social differences, especially regarding class, race and gender, adopting care protocols with a gender perspective. In addition, a proposal for a legislative amendment was presented, so that all crimes committed in the context of domestic and family violence are subject to unconditional public criminal action or, alternatively, to increase the statute of limitations for the exercise of the right of complaint or representation. . There was also a separate criticism: a lack of information was detected, especially regarding the LGBTQIA+ population, hence the importance of care protocols with a gender perspective, which embrace this group. In addition, that data from these services be stored, providing better guidance to the State in its policies.

COMMITTEE MEMBERS:
Interna - 3229333 - ERICA VERICIA CANUTO DE OLIVEIRA VERAS
Interno - 1254860 - FABRICIO GERMANO ALVES
Presidente - ***.069.614-** - LEONARDO OLIVEIRA FREIRE - SESED
Interno - 1149384 - WALTER NUNES DA SILVA JUNIOR