A retratação da vítima em casos de violência doméstica e familiar sob a ótica da dominação masculina: uma análise à luz de Pierre Bourdieu

Abstract

This study investigates the victim's recantation in cases of domestic and family violence against women, with a focus on pre-trial hearings, seeking to understand how symbolic, institutional and evidentiary factors shape this phenomenon and reveal the underlying power dynamics. To this end, it combines the experience gained during the supervised internship carried out in the specialized court with Bourdieusian theoretical references, especially the concepts of male domination, habitus and symbolic violence. This approach broadens the understanding of portrayal, moving it from the individual field to its structural roots, embedded in a broader social and cultural context. The work also revisits the history of feminist struggles and the drafting of current legislation to protect women, highlighting the types of violence envisaged and their legal and social repercussions. The results show that the fragility of the evidence, due to the clandestine nature o f the crimes, combined with the silencing mechanisms present throughout the process, favor acquittals based on "reasonable doubt", even in the face of the importance of the victim's word. In addition, the exclusionary technical-formal language, the rigidity of procedural rites and the internalization of androcentric values by legal operators contribute to the reproduction of male domination. Given this scenario, it is urgent to reformulate evidentiary and communication practices, promoting greater gender sensitivity and a more empathetic and dialogical institutional approach. Such measures are essential to strengthen women's voices, promote more effective justice and confront the cultural legacies that still permeate society, contributing to the construction of a more equitable and inclusive legal environment.