Tinha cinco protetivas e o cara matou a mulher
A construção do acesso à proteção para mulheres e meninas em risco de feminicídio sob o >i/i< da devida diligência do Estado
Bibliographic Data
| ID | 5806909 |
|---|---|
| Authors | Daniele Mendes De Melo (0000-0002-5007-9226, corresponding author) |
| Year | 2023 |
| Publication date | 2023-02-15 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | THESIS |
| Publisher | Universidade de Sao Paulo, Agencia USP de Gestao da Informacao Academica (AGUIA) (PUBLISHER) |
| DOI | 10.11606/d.107.2023.tde-18082023-135809 |
| OpenAlex | W4386054496 |
| Language | PT |
| References cited | 9 |
Unlike the individual responsive model of criminal law, policies of prevention and protection against feminicides reach the very sociocultural patterns that structure society and give rise to these crimes.With this concern, this research is aligned with the theoretical framework of the Maria da Penha Law and the Inter-American human rights normative and jurisprudence.Its general objective is to understand the access to and the implementation of Urgent Protective Measures (MPUs) from two perspectives: from the women and girls at risk of feminicide, as well as from the State ́s due diligence standard in its protective dimension.From the perspective of social constructionism, derived from Social Psychology, the discursive practices of the empirical material were analyzed with the help of dialogic maps.Through the mixed method, the results of the homicide/feminicide proceedings (attempted and consummated), from 2013 to 2020, from the Counties of Bauru and Marília, were complemented by semistructured interviews with four survivors.To obtain the standard of the preventive and protective obligations of the State, a second documentary analysis focused on the cases Maria da Penha Fernandes, Barbosa de Souza e Outros and Jessica Lenahan y Otros.The results of judicial proceedings were arranged in two graphs.In summary, the first graph, which correlated the results of both counties, revealed that the reduced requests for MPUs were made by white and brown-skinned victims and were restricted to intimate relationship.The second graph showed that more victims survived the crime when committed in a public place, notwithstanding the domestic environment has been prevalent Firearms, although not predominant, were used more in the domestic environment and resulted in a proportionally higher number of deaths.The interviews brought up the construction of meanings about the MPUs; the vulnerabilities of the victims; the risks associated with the crimes, as well as old and recent problems regarding protection measures and the intersectoral network.The analysis of the inter-American jurisprudence resulted in the meaning of preventive and protective due diligence, used as guidelines to orient the local networks regarding the problems observed in the assistance, collection, and sharing of data; intersectionality; risk situations; visibility of hidden situations; adequacy and effectiveness of the MPUs, bringing a contribution to the improvement of this protective instrument.Thus, the research offers support and suggests that future studies develop measurable objectives and evaluation indicators to give the MPUs the character of a public policy to confront feminicide
Art · Criminology · Humanities · Jurisprudence · Political science · Politics · Public sphere · Sociology · Gender Studies · Human Rights and Development · Intimate Partner and Family Violence · Law
| Citation velocity | historical |
|---|---|
| Highly cited | No |