Estudos sobre os crimes de violência doméstica e familiar contra a mulher no Brasil e reflexões sobre sua compatibilidade com a Justiça Restaurativa

Abstract

The present work proposes reflections on domestic and family violence against women in Brazil and investigates the possibilities of compatibility with Restorative Justice. The research has as its starting point the hypothesis that the production and reproduction over time of the various forms of domestic and family violence against women in Brazil stems from social structures of domination, which arbitrate different and hierarchical roles and functions for men and women, thus contributing to the maintenance and strengthening of the patriarchal model. Excluded from spaces of power and protagonism, women are subject to a constant movement that aims to keep them on the margins of society, which implies a series of consequences for this social contingent, with emphasis on the various forms of violence perpetrated in the context of domestic. In order to verify how the criminal sciences and the Criminal Law of the country have historically positioned themselves in relation to this theme, this dissertation goes back to its normative landmarks that underlie the issue, comparing such analysis to the historical, social, criminological and gender aspects that permeate the issue of violence against women. By approaching contemporary normative productions, the study focuses on Law 11.340/06 (coined as “Law Maria da Penha”), taken here as a landmark of rupture with traditional logic and punitive orientation that emphasizes criminal and procedural thinking national criminal. Meanwhile, the study draws attention to the fact that the aforementioned law inaugurates a system of multidisciplinary proposals to face domestic and family violence against women in the country, which, according to the hypothesis presented here, would contribute to opening possibilities of application of modern restorative justice programs. Understood as a promising instrument for the empowerment and participation of women victims of domestic and family violence in Brazil, Restorative Justice, as it is seen here as positive for the confrontation of domestic and family violence, as it is structured from the protagonism of the victim, who will take an active stance in managing their conflict, and holding the alleged offender accountable, thus contributing to the weakening, or, hopefully, to the breaking of the shackles that keep women in a condition of subjugation and exclusion in spaces of protagonism and decision, including the judiciary.