Navegando por Assunto "Lei Maria da Penha"

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O dano existencial decorrente da violência psicológica no âmbito doméstico e familiar contra a mulher: uma análise dos julgados junto ao Tribunal de Justiça do Estado do Pará
(Universidade Federal do Pará, 2022-10-03) ESTEVES, Lorena Meirelles; LEAL, Pastora do Socorro Teixeira; http://lattes.cnpq.br/3244282344643324
The present research was carried out with the objective of investigating how the Court of Justice of the State of Pará interprets and applies the non-patrimonial sheet damages resulting from cases of domestic and family psychological violence and what are the criteria and grounds used to quantify these damages. To this end, a study was carried out on the damage and the need to provide conceptual autonomy to the existential extra-patrimonial damage, which is understood to focus on cases of domestic and family psychological violence so that, from then on, it is possible to enable its treatment. adequate legal system, in order to conceptualize and quantify these damages based on coherent criteria, in order to guarantee protection and protection of the rights of these victims and grant them an effective fight against violence and due access to justice. For this, it was necessary, from the outset, to identify the origin and the social historical construction that provides elements to the existence of gender inequality and that results in a sexist institutional and social system that oppresses and excludes women, these, understood as any and all woman who identifies and recognizes herself as such, including them in their different individualities, subjectivities and intersectionalities. In this scenario, in view of the various forms of violence perpetrated against women throughout history, this study focused specifically on the psychological violence suffered by them, in the domestic and family context, as described in item II of article 7 of the Maria da Penha Law, perpetrated by partners or former affective partners who practice a harmful act that culminates in an existential damage, which, for its characterization and quantification, must take into account not only its historical aspect, but also the consequences harmful to the life, life project, dignity and health of these victims. In this way, through the deductive method, based on theoretical framework and legal norms, a research was carried out on the website of the Court of Justice of Pará and Jusbrasil, in addition, and from the qualitative analysis of the identified decisions, it was evidenced that the aforementioned court has not used the concepts and methods suitable for the classification, conceptualization and quantification of the off-balance sheet damage arising from domestic and family psychological violence perpetrated against women, resulting in a failure to provide effective compensation, prevention and punishment to the victim , moving away from fulfilling the functions of civil responsibility and, consequently, the guardianship and protection of women's rights, compromising their dignity and access to justice.
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É possível compatibilizar abolicionismos e feminismos no enfrentamento às violências cometidas contra as mulheres?
(Universidade Regional Integrada do Alto Uruguai e das Missões, 2020-04) SOUZA, Luanna Tomaz de; PIRES, Thula Oliveira
This article aims to reflect on the intersections between feminisms and abolitionism in facing violence committed against women. It starts from a decolonial feminist methodology, using bibliographic and documentary research. In addition to legislation on the subject, articles submitted to the Gender and Punitive System Dossier of the Brazilian Journal of Criminal Sciences and national events in the same area were analyzed. In the end, it is proposed that the dialogue between abolitionists and feminists needs to be conducted by women in situations of violence, in order to be able to produce anti-racist, anti-capitalist and anti-colonial feminist abolitionism in confronting the various existing violence in our society
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A efetividade da Lei Maria da Penha em Belém: um estudo sobre a concessão e a execução das medidas protetivas de urgência
(Universidade Federal do Pará, 2010-12-13) VIDAL, Vivian Gavinho; CONRADO, Monica Prates; http://lattes.cnpq.br/6141735247260273
The proposal of this work is realize a study about the women victims of domestic violence access to justice on Belem city. The bases of this study are the constitutionals provisions related to access to justice that not satisfy only with the warranty to actuate the Judiciary to interfere in a conflict initiated. The internal legal order, founded as Democratic State of Law, determines that all the citizens should be assure to access with a fair legal order that promotes effectiveness of the judicial decisions, providing the effective exercise of right. Considering the inequalities in Brazilian society, a gender category will be used as a way of understanding the differences existing between men and women, between men and women. Thus, the gender also allows the design of new perspectives on violence against women and the way the state deals with this theme. The concession and implementation of urgent protective measures laid out in law 11.340/06 are the specifics objects of this work. The protective measures are instruments adopted by the law that purpose to prevent the occurrence of new aggressions against women, safeguarding their rights to life and physical safety, psychological and moral From the nature of urgent protective measures will be checked for applicability of the Maria Penha law in Belem with observation the production of the actual effects of its concession in the lives of women who seek protection in the judicial protection.
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Homens no cenário da Lei Maria da Penha: entre (des)naturalizações, punições e subversões
(Universidade Federal do Pará, 2008) LIMA, Maria Lúcia Chaves; MÉLLO, Ricardo Pimentel; http://lattes.cnpq.br/9026097374517495
This work intended to study the place occupied by men in the context of violence against women - more precisely on nowadays scene placed by Maria da Penha law. This law brings several modifications concerning the strategies to “combat” violence against women. The most commented one is the severity when punishing those considered “aggressors”. In order to do that, learning the possible conceptions about men that circulate in this recent context, two fundamental steps were taken. The first one consisted of making a list of all the services provided in cases of violence against women at the city of Belém, Brazil. That was a moment on which we noticed the lacking of any service concerning the men involved in violence situation. Once Women's Police Station has presented itself as the most important reference about the subject at Belém, we began the second part of this research, which was divided on three methodological strategies: observation of its everyday life and interviews with its employees and people that used to go there. The information obtained showed that although Women's Police Station is a place that intends to give support to those that look for help, it reveals itself a violent ambient, something exemplified either by its architecture and by the kind of service provided there. Besides, it was possible to apprehend some suggestive conceptions of those men (and women) usually presented there. The main point of our discussion refers to a new naturalization of men that commit violence against woman: from a violent “essence” to a violent socialization. Here, although the people interviewed consider these men as products of a “sexist education”, they indicate prison as the adequate punishments in those cases. On the other hand, once prison is recognized as incapable of promoting “positive” changes, it is recommended to add some psychological treatment. It is possible to realize that there is a “treatment” speech about these men that tries to “regenerate” them and lately give them “back to society”. Nevertheless, we consider that this approach only increases the intolerance against men that commit violence, once it stigmatizes them as the part of society that must be cured, formatted and lately “given back”. In conclusion, more than a “treatment” we propose the creation of a space of listening that can put in check the certainties about the type of gender relations that produce and maintain situations of violence against women.
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(In)visíveis sequelas: a violência psicológica contra a mulher sob o enfoque gestáltico
(Universidade Federal do Pará, 2010) FERREIRA, Wanderlea Nazaré Bandeira; PIMENTEL, Adelma do Socorro Gonçalves; http://lattes.cnpq.br/4534230240595626
The psychological mode is best known for its "invisibility" in public because of, among other factors, occur more frequently in the private area, and also for not leave physical marks. Currently, Law 11340/2006, named as the "Maria da Penha Law" after sanctioned, translates one form of legal protection for women and institutionalized. Employ the concept of gender according to Scott (1991), as one of the analytical tools for identifying links between social and economic construction of violence and state policies. In this overview, we present the general objective of this research reveal some empirical (in) visible, psychological and social sequelae and specifically the impact on the subjectivity of women who experience situations of psychological violence occurring in the domestic sphere and within families. Analyses were performed in the Gestalt perspective, a psychological approach to conscious contact, which allows intervention to strengthen the internal support healthy and self-regulation in order to overcome situations that blur the roles and boundaries of contact. This is a clinical-qualitative research basic existential-phenomenological and hermeneutic-gestalt. The procedures used were project submission to the Ethics Committee of the CCS / UFPA; obtaining authorization Institutional; identify and invite three women to participate in the study, according to the profile of the sample: availability for the survey, aged 25 45 years, which has been or is experiencing psychological violence situation with her husband / partner. Afterwards, they signed the Deed of Consent and conducted semi-directed interviews with open questions (recorded on audio). They were transcribed and analyzed. The research site was the Reference Center Maria do Pará used for the analysis of the collected understanding Ricouer (1975) and the gestalt concept of contact, tasks and contact boundaries, defense mechanisms, self, awareness and creative adjustment . The result points to the unveiling of permeated experienced verbal abuse in the form of humiliation, curses, insults, jealousy, disqualification of his physical appearance, lack of dialogue, social and emotional isolation, fear, suffering, pain, grief, guilt, shame, feelings of hatred, anger, sadness and helplessness in the face of such violence. We conclude that the "invisibility" of such experiences of psychological violence generates visible breaks in touch with himself, his family relations and social, as well as prints deep and damaging deconstructed the personality and the way women express their subjectivity.
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Indígenas e quilombolas icamiabas em situação de violência: rompendo fronteiras em busca de direitos
(Universidade Federal do Pará, 2015-04-17) ALEIXO, Mariah Torres; BELTRÃO, Jane Felipe; http://lattes.cnpq.br/6647582671406048
This paper tries to understand the situations of violence that indigenous and quilombolas women have faced in their interpersonal relationships and the strategies that they use to support or resist. This dissertation has as empirical base interviews and informal conversations with six indians from four different ethnic groups in the state of Pará and five quilombolas from two quilombola communities, also from Pará. The theoretic contributions are studies on human rights and legal pluralism in the law area, and feminism, gender and diversity in the anthropology area. The protagonists faces violence involving many forms of differentiation, like gender, race/color, ethnicity, class, religion. They have a lot of confront strategies, making more or less use of state law (Maria da Penha Law) in conflict resolution.
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Lei Maria da Penha: avaliação dos seis anos de implantação em Belém/PA
(Universidade Federal do Pará, 2013-09-13) SANTOS, Teresa Cristina Melo dos; NASCIMENTO, Maria Antônia Cardoso; http://lattes.cnpq.br/2918467728101022
This work is in the dissertation Master's Degree in Social Work from libraries that have the theme "Maria da Penha Law: Evaluation of 06 years Deployment in Belém/PA", analysis consists in the discussion and evaluation of the applicability of Law No. 11.340/06 (Maria da Penha), in combating domestic violence in the city of Belém/PA, and also aims to deepen the knowledge on the subject of women and relationships genre. The proposed study was processed from the literature with the use of materials already published as articles, books and materials available on the internet and exploratory research, aiming at the problem to better understand it and make it explicit. The instruments for data collection were applied together with the subjects involved in social issues, in order to overcome the appearance of the phenomenon and grasp the dynamics of its structure so universal, particular and singular. It is important to point out that the six years of applicability of the “Maria da Penha” Law in Bethlehem has not yet produced satisfactory results effectively, due to the lack of public facilities for the care of such violence, because only one (01 ) Women Police Station and three (03) sticks of domestic violence against women in the state capital and the lack of resources, financial, material and personal setting a framework still lacking for the full implementation of the law this way, although the Act has provided the possibility of protection and justice, this situation has not yet materialized in fact in Belém do Pará, however, one can not ignore the importance of this legal instrument and the profound changes proposed by it, with the goal of universal access to justice for contingent population historically excluded from rights and especially the merit of recognizing domestic violence against women in its different modalities, such as public and social problem, subject to interference from the state forces. Therefore, there is a national law can reduce violence against women, if applied consistently and effectively, with the strengthening and expansion of the network to protect women victims of violence, it is a problem is complex and involves legal action, administrative legislative, economic , social and cultural rights, without which it is impossible to give comprehensive treatment of this serious problem. The Act is still in the experimental stage and certainly should undergo several adjustments, but we need to keep the text in its entirety long enough to measure their impact, avoiding hasty changes that could minimize, distort or even nullify the legal provision.
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As limitações da Lei Maria da Penha em seu aspecto repressivo frente à violência conjugal: a experiência da Delegacia de Crimes contra a Mulher de Macapá/AP
(Universidade Federal do Pará, 2013) ROCHA, Maria Goreti Góes da; ARAÚJO, Adrilayne dos Reis; http://lattes.cnpq.br/6511016682362834; SOUZA, Jaime Luiz Cunha de; http://lattes.cnpq.br/4839851123365819
The issue discussed refers to domestic and family violence against women focusing on conjugal violence. This paper analyses the limitations Maria da Penha law in its repressive norms. The issue addressed was the relation between barriers in the flow of police procedures resulting from thecondition for proposal (authorization by the victim) and the number of the police report filing. We have analyzed the historical series of police reports made at the Department on Crimes against Women, in the city of Macapá, State of Amapá between 2007 and 2011. The survey had a quantitative character which consisted in the analysis of the data bank of the Department on Crimes AgainstWomenof Macapá/AP concerning offences against Maria da Penha Law. It was verified that there is a mismatch of wishes between most victims and the legislation in force aiming to protect them, based on the high number of victims who did not press charges. On the other hand, the Government has a strict legalistic position which contributes to the continuity of the problem.
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O Lugar do direito penal na luta dos movimentos de mulheres no Brasil
(Universidade do Estado do Rio de Janeiro, 2018-12) SOUZA, Luanna Tomaz de
The article analyzes the extent to which women's movements have used the use of criminal law as a mean of coping with the violence committed against women in Brazil and which are the problems arising from this linkage. First, we analyze the action of women's movements in Brazil, then the problems of recourse to the law in the actions of social movements and whether it can have an emancipatory bias. Finally, it is evaluated whether the action of the women's movements has imported a legitimation of a selective and violent system.
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Mulheres, justiça e caminhos de dor: um estudo empírico nas varas de violência doméstica e familiar de Belém - PA
(Universidade Federal do Pará, 2018-04-11) LOPES, Twig Santos; ROSENBLATT, Fernanda Cruz da Fonseca; http://lattes.cnpq.br/9453548142022203; PINHO, Ana Cláudia Bastos de; http://lattes.cnpq.br/3470653249189577
Based both on an extensive literature review and field work, this research aims to analyze the limits and tensions faced by women in situations of violence that had access to justice through the domestic violence courts of the State Court of Justice of Pará (Brazil). For the theoretical component of this study, a review of critical criminology and feminist theories elaborated in the socio-legal field was conducted. As for the empirical part, this included both, observations of hearing procedures, as well as semi-structured interviews. The interviews allowed to understand the paths taken by women in situations of domestic violence within the judicial agency, as well as the magistrates perceptions about their own work. The discussion presented is intertwined with the narratives collected in the field, which help to identify the problems involved in the relationship between the criminal justice system and women in situations of violence, a relationship marked by varied forms of institutional violence – revictimization – against these women. The analysis highlight, above all, these women’s narratives and perceptions about the criminal justice system and the way they feel treated within court proceedings. The fieldwork made possible to identify the difficulties related to the inability of protection mechanisms and of legal assistance contained in Law no. 11.340/2006, known as “Maria da Penha” Law, as well as revictimization processes triggered by state agents. The methodological approach is qualitative and interdisciplinary.
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As políticas públicas de enfrentamento à violência contra a mulher em Belém (PA): entre o desejo e o improviso
(Universidade Federal do Pará, 2021-01-13) RAMIREZ, Carla; PONT VIDAL, Josep; http://lattes.cnpq.br/4415362518177732
In this research, the implementation of public policies to confront domestic and family violence in the city of Belem between the years 2015 to 2019 is investigated, based on the premises developed from the Maria da Penha Law and the National Pact to Combat Violence Against Women. The objective of the research was to analyze the articulation of services that compose the service network for women in situations of violence, in particular, the Government Program called Pro Peace Woman / DEAM (now named as Para Paz), implemented in 2014 in Belem. It is a Public Policy that integrates the services of psychosocial, police, expertise and justice services into a single space. The study was developed as an exploratory research with a qualitative approach. As a methodology, 14 semi-structured interviews occurred with the technical team and specialists working within the Pro Peace Woman, Coordination for the Integration of Policies for Women (CIPM), the Court of Justice, the Military Police, the Public Ministry and the Federal University of Para. The data was examined through the Atlas Ti Content Analysis software. Based on defined thematic categories, the results indicate problems with the articulation of the services, being them issues with the intra and intersectoral care integration flow and failures in the communication with the surroundings. In this way, it is concluded that, despite the discourse on services integration, the actions to confront the public policy are still showing low effectiveness and discontinuity of actions.
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Será que isso vai pra frente, doutora?: caminhos para a implementação da Lei Maria da Penha em Belém
(Universidade Federal do Pará, 2009) SOUZA, Luanna Tomaz de; CONRADO, Monica Prates; http://lattes.cnpq.br/6141735247260273
This research has the purpose to identify in what sense the Judicial Power in Belém was consolidated as a space to face familial and domestic violence against women, tracing possible pathways for the enforcement of “Maria da Penha” Law in the local context considering my experience in the grass root movement and as a lawyer. For this purpose interviews were made, formal and informal visits, analysis of court procedures, as well as documental and bibliographic research. I initiate the debate presenting the local reality, emphasizing the subjects that confront domestic and familial violence against women in various entities and in the women movement what leads us to realize the present difficulties in the city regarding the enforcement of this lar. I the second part I present the theoretical basis of this research which have significantly contributed for the amplification of the perspective related to the theme in here studied. Considering the definition of judicial enforcement detailed in the last chapter, I present how the Judicial Power is deciding the matter, emphasizing the imposed obstacles caused by the lack of an equipped and articulated network, as well as legal assistance to women, of compromised and skilled professional, and of constant dialogue with the women and feminist movements, protagonists of these conquests. In my reading I emphasize, still, the necessity to recognize in the women in risk a subject of rights, in the exercise of their citizenship, and the lack of political intent to impose significant changes for the implementation of Law 11.340/2006, the “Maria da Penha” Law.
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Violência de gênero e crime passional: um estudo do caso Nirvana
(Universidade Federal do Pará, 2009-08-28) SILVA, Fernando César Louzada e; BRITO FILHO, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794
The present dissertation studies the solution given by the Brazilian Judiciary System concerning to gender conflict which is in the core of judgements of passional crimes when the victims are women. As empirical analysis it was chosen the Nirvana Case, in order to analyse gender conflict in Belém. This analysis begins with the concept of truth, and related difficulties for its apprehension because there are models of behavior for gender’s roles, as well as the framing procedures whether in the Police Stations or in the Courts. Essential categories are established for the understanding of the issue, such as the concepts of emotion and passion; passional crime; basic notions of Criminal Law and Criminal Law Process. It also aims to evaluate, in the vigency of the Law 11.340, called Maria da Penha Law, the repercussions of androcentrism on decisions of Grand Jury, which are made through discriminatory discourses and through attorney’s defense strategies in Court, which reborn the legitimate defense of honor. From this analysis, it will be proposed solutions in order to give adequate responses against this kind of decision, and according to the current status of the Human Rights and the Democratic State of Law.