Políticas públicas de saúde para mulheres vítimas de violência doméstica e familiar

Abstract

The aim of this study was to systematize essential parameters for public health policies for women who are victims of domestic and family violence. For that, bibliographical research was used, through a critical and propositional review of national and foreign academic works. Considering the advance of the neoliberal paradigm in the Brazilian reality, notably, from the enactment of Constitutional Amendment nº95 (BRASIL, 2016), the work sought to reaffirm the social mission of the State and demonstrated the importance of incorporating the gender perspective into Law and policies public. The investigation carried out an interdisciplinary analysis on how domestic and family violence against women constitutes a violation of the fundamental right to health, innovating by approaching the subject beyond its criminological aspects. In the light of Alexy's theory of fundamental rights (2015), the fundamental right to health was conceived as an optimization commandment, whose essential core has an imperative character, as it absolutely binds the Public Power, to the rule norm. The research found that public policies are indispensable instruments to protect and promote fundamental rights, especially regarding the provisional attributes of the fundamental right to health. It listed four essential parameters for public health policies for women victims of domestic and family violence, namely: democratic participation, specialty and integrality, intersectionality and reflection group for men who are perpetrators of gender-based domestic violence. It found the constitutional duty of the State to promote fundamental social rights, even in contexts of economic crisis, and the possibility of judicial control of public policies, as ultima ratio.