A demanda punitivista feminista face à esposição íntima não consentida : discussões e perspectivas científicas

Abstract

This dissertation is part of the research line “Violence, Crime and Security” of the Graduate Program in Criminal Sciences, at the Pontifical Catholic University of Rio Grande do Sul - PUC/RS, and has Critical Criminology and Criminology as an anchor point. Feminist, taken as theoretical supports for the analysis of its central object. That said, the paradox will be analyzed involving, on the one hand, the criticism emanating from the punitive legislative increments and, on the other, the recurrent legitimation of the punitive power, with emphasis on the criminalization of conducts framed by the rubric of “Intimate Exposure Not Consented ”, in the alleged chimera of safeguarding the rights of women. The hypothesis developed is that, when dealing with the behaviors listed above, an inevitable paradox prevails in the discourses emanated by the supporters of the critical and feminist criminological lines. This is because although these speeches denounce the domination of patriarchy based on the maintenance of punitive control, in the referred cases, an appeal is made to criminal law, as it is the only adequate tool for the defense of women's rights. Consequently, there is a legitimation of the legislative processes of punitive increment, giving way to a tolerable exception. Based on an essentially qualitative study method, using bibliographical and documentary research, it was possible to understand the operating logic of the criminal justice system and the punitive power in essence, through which it was possible to verify that, in fact, there is On the part of supporters of feminist criminology, there is a tendency to relativize the proposed paradox, because despite the evident ineffectiveness of criminal protection in acting for women, there is no discernible situation in which the interference of punitive power does not exist.