Violências contra as mulheres e judicialização da vida privada : histórias que a gente não gostaria de saber

Abstract

Current discussions on gender violence in the Brazilian context demarcate inequalities that still persist in contemporary times and highlight the differences in power between men and women over economic, social and ethnic/racial inequalities. These inequalities are products of a sexist, racist and patriarchal society. The present doctoral study aims to analyze the social experiences of women in situations of violence who sought support in the Specialized Justice System, under the protection of the Maria da Penha Law, and how they contributed to the fight against domestic and family violence, taking into account the ethnic-racial, gender and social class determinants. Its specific objectives are: a) To analyze the social experiences of women in the face of the journey through the service network to the Court of domestic and family violence; b) Identify how protective measures contribute to tackling violence against women; c) Identify how the ethnic-racial and social class determinants influence the decision-making process of women in situations of violence in relation to the use of protective measures; d) Know how the operators of the justice system provide assistance to women in situations of domestic violence who have protective measures; and f) Identify the limits and possibilities of the Maria da Penha Law in guaranteeing protection for women in the light of the theories of Critical Feminist and Critical Route Theory. The technique used with women was Thematic Oral History, using a script. 15 women in situations of violence who used protective measures were interviewed and 3 operators of the justice system linked to the Specialized Court of Domestic and Family Violence. The narratives were analyzed using Spink's Association of Ideas Maps. The analysis of the women's narratives showed the permanence of the naturalization of violence against women produced by the patriarchal system. Regarding the critical route taken by women, we identified as obstacle factors that feelings of fear and guilt hinder the search for support. In addition to these factors, there is a lack of support from family and friends. In addition, the lack of information and inadequate service by the service operators was identified in this process. As facilitating factors, support from family, friends and agility in emergency care were evidenced. Regarding protective measures, it was found that women do not feel protected, since many of the perpetrators of violence do not comply with the restrictions imposed by the law, and are not even punished for this. As for the women's perceptions of the violence practiced by intimate partners and / or other family members, the narratives showed that the violence starts even in childhood in the family life of origin. In this way, women idealize the ideal partner, ―the prince charming‖ to rebuild their lives. The stories also showed that both the decrease and the increase in cycles of violence occur during the gestational period.It is concluded that, although the justice system offers an important protection mechanism for women, the system is limited to issues related to punishment. Thus, the other demands that are part of this process do not necessarily include the specialized justice system.In addition, the social experiences of the women in the study demonstrate that in seeking the justice system, their experiences are redefined and reinterpreted in the light of a system that does not incorporate gender, ethnic-racial and class determinants. As a result, they are subject to new forms of victimization on this critical route.