Caminhos para a aplicação de medidas multidisciplinares nos casos da Lei Maria da Penha: uma análise à luz da epistemologia feminista

Abstract

This article aims to expose the need to use alternative measures to those traditionally used in cases of domestic and family violence, bringing multidisciplinary actions that put the woman victim of aggression in evidence. It is believed that through female protagonism and not only criminal actions, it is possible to promote the deconstruction of sexist ideals so long consolidated in our patriarchal society. It is based on feminist epistemological studies and the conception of minimum criminal law. It initially deals with questions about criminology from a feminist perspective, highlighting the need for gender, race, and class in our penal system. Then, address national and international events that led to the creation of the Maria da Penha Law in the way it was made, especially in terms of placing women's rights as a fundamental right. It also deals with the prohibitions contained in the aforementioned law, especially with regard to the decriminalizing institute of conditional suspension of the process, provided for in article 89 of Law 9099/95. Finally, it is proposed the use of this institute and the restorative system of justice so that multidisciplinary measures may be applied, such as reflection and rehabilitation groups, welcoming all the subjects involved in the cycle of violence, seeking to resolve the issue at its roots, bringing, through deconstruction, a response not merely retributive.