“Meu pai matou minha mãe”: as criancas e adolescentes nos processos criminais de feminicídio da Comarca de Ananindeua/PA

Abstract

This research aims to analyze a specific axis of feminicide crimes, with regard to the subjects directly affected by this crime. It is investigated, in the criminal actions of feminicide being processed in the District of Ananindeua/PA, the attention given by the judiciary to children and adolescents who lost their mothers. The relevance of the subject was due to the lack of work that studies the effects of gender based violence on the victim's children in the context of feminicide. The research is bibliographic and documentary, the method is inductive and the research technique is content analysis. The work is divided into three parts: initially the construction of the category “feminicide” in Latin America and its inclusion in the Brazilian Penal Code are contextualized. It then focuses on the concept of victim and the possibility of understanding children and adolescents, as subjects of law, as indirect victims of feminicide, mapping the legal provisions that guarantee their rights, in addition to the innovations in legislation that provide financial assistance for your condition. In the last, the data collected from the legal processes that investigate the crime of feminicide in the District of Ananindeua/PA are analyzed to identify what type of attention is given to the victim's children in the criminal process, checking how they appear in the documents in the case, based on six categories: witnesses, observers, mentioned in third-party testimonies, increased sentence, indirect victims affected by violence and victims of autonomous crime. It was also verified whether or not there were compensation claims to be set out in the conviction. Data analysis was carried out qualitatively, permeated by social markers (race, class and gender) and by influences surrounding the issue of gender violence that goes beyond the death of a woman. Finally, the few mentions of victims children in criminal proceedings allowed us to understand that even when they witness the crime, children and adolescents are invisible victims, silenced and forgotten, with no indication that they have benefited from any reception program in the process of mourning after the violence experienced. Thus, the children are reduced to a mere factor in increasing the sentence – and even at this point the failures of the Judiciary are evidenced by the lack of inclusion of the qualifier in article 121, §7, item IV of the Brazilian Code of Criminal Procedure.