Banca de DEFESA: CAMILA CARVALHO RIBEIRO

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : CAMILA CARVALHO RIBEIRO
DATE: 22/06/2023
TIME: 18:00
LOCAL: Ambiente virtual
TITLE:

MARIA DA PENHA LAW AND THE SUBFORMALIZATION OF CRIMES WITHOUT PHYSICAL VIOLENCE: PREVENTIVE, PROTECTIVE AND RESTORATIVE STATE ACTIONS

 

KEY WORDS:

Symbolic violence. Domestic violence. Underreporting and subformalization. Public policy. Reception and rehabilitation.

PAGES: 214
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The symbolic violence exercised against women feeds and makes other violence invisible, especially those committed without physical aggression, impacting the formalization of complaints before Brazilian official bodies, which still happen in insufficient and unrealistic numbers. Given this finding, the study proposes the following research problem: what are the reasons that lead to sub-formalization, especially of crimes committed without physical violence, and how the State, in its preventive, protective and repairing role, can act to remedy this problem and make the access and guarantee of rights to women in situations of violence more effective? The aim is not limited to finding answers to this question. In addition, it is intended to present proposals for improvement in state action. The hypothesis is that this sub-formalization stems from factors such as: unawareness of the situation of violence; lack of information; personal barriers; lack and inefficiency of public services in the treatment of domestic and family violence; 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 that there must be a more active and efficient action by the State, covering criminal, civil and assistance channels. This research is justified by the disproportionality between the high number of notifications of these crimes and the low rate of formalization, and it is essential to carry out investigative research that seeks to understand this phenomenon, better guiding state action, especially regarding the strengthening of its treatment policies. , changing reality and 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. Finally, it was shown that the statement regarding the sub-formalization of crimes committed without violence is correct and, in fact, it happens in Brazil, also confirming the hypothesis and reasons raised, recommending, in summary, the application and encouragement to alternative instruments to Criminal Law/Criminal Procedure and to punishment, based on the strengthening of restorative and negotiation measures, emphasizing that women in situations of violence must occupy the position of protagonist, even when the aggressor is held accountable. In addition, some proposals for legislative changes within the scope of the 11.340/2006 were presented, involving the type of criminal action, statute of limitations and negotiation justice. It was concluded that the State must prioritize the development, expansion and efficiency of affirmative policies, including its Service Network, considering the peculiarities and social differences, mainly regarding class, race and gender, also adopting protocols of care with a gender perspective. Finally, there was a separate criticism regarding the lack of information regarding the LGBTQIA+ population, hence the importance of care protocols with a gender perspective, which also welcome this group. In addition, that data from these services be stored, providing better guidance to the State in its actions.

COMMITTEE MEMBERS:
Externa à Instituição - CARLA MARIA FERNANDES BRITO BARROS - UERN
Interna - 3229333 - ERICA VERICIA CANUTO DE OLIVEIRA VERAS
Presidente - ***.069.614-** - LEONARDO OLIVEIRA FREIRE - SESED
Interno - 1149384 - WALTER NUNES DA SILVA JUNIOR