Do silêncio à resistência: estupro como forma de tortura, decisões da Corte Interamericana de Direitos Humanos e os depoimentos das vítimas como subversão performativa da violência estrutural

Abstract

The present dissertation presented to the Master's program in Law at the Federal University of Pará has the general objective of analyzing rape as a form of torture from the perspective of modern moral philosophy and, as a specific objective, reflecting on the victims' testimony as a form of performative subversion of structural violence. The problem raised around these objectives is directed at the following question: how can the testimonies of rape victims be understood as forms of resistance and performative subversions against structural violence, in light of the theory of Jay Bernstein and Judith Butler? The research supports the hypothesis that the resignification of the victim's testimony can go beyond the process of revictimization, making it possible to use it as a form of strength and resistance. Thus, the theoretical basis is provided through the works of Americans Jay Bernstein and Judith Butler, in the works “Torture and Dignity: An Essay on Moral Injury” and “Gender Trouble: Feminism and the Subversion of Identity”, respectively, as both use the process of human vulnerability as a power. Thus, this is an investigation belonging to the field of theoretical study, through the analysis of three cases of the Inter-American Court of Human Rights, namely the Fernández Ortega y otros. vs. Mexico Case (2010), the Favela Nova Brasília Case vs. Brazil Case (2017) and the Azul Rojas Marín Case vs. Peru Case (2020), since they involve extremely vulnerable women in the Latin American context, who are indigenous, black and trans and victims of state agents. As a result, after articulating the theoretical bases with the context of the Inter-American Court cases, the research is consolidated in the sense of restructuring modern moral philosophy through the testimony of rape victims as a form of resistance to structural violence. The work belongs to the field of theoretical study, through analyses of concepts present in both moral philosophy and political philosophy and uses bibliographic and documentary research techniques.