A ATUAÇÃO DO PODER JUDICIÁRIO MARANHENSE NA APRECIAÇÃO DOS CASOS DE VIOLÊNCIA DOMÉSTICA E INTRAFAMILIAR CONTRA A MULHER IDOSA NA COMARCA DE SÃO LUÍS DO MARANHÃO.

Abstract

This work aims contributing to a comprehension of the paths walked by elderly women victim of domestic or familiar violence in São Luís, Maranhão, while in the struggle for judicial protection. First of all, it is highlighted how the process of life expectation happens through different patterns between the sexes, including the awakening of a phenomenon known as oldness feminization, bringing the need of analysis about the treatment offered to this woman in specific legislation. Thus, the main idea is built from the analysis of legal structures concerning tothe protection of the elderly inside the Federal Constitution, the National Policy of Elderly and in the Statute of Elderly, referring that, in general, they do not bring specific protection to the old women victim of domestic or familiar violence, what makes necessary the use of Lei Maria da Penha to protect their rights. One also carefully considers the conditions of women and old women in the search of overcoming the patriarchal culture, which prevents the accomplishment of rights, so that it becomes possible to achieve a reality with dignity and no violence against old women. Besides, it is sought to comprehend the jurisprudence from the Local State Court (Tribunal de Justiça do Maranhão) about the appreciation of cases about domestic and familiar violence against this woman, concerning to the qualification of these violences under the look of these categories. It is broached the jurisdiction and competency on the processes related to violence against old women, concerning to the application of Elderly Statute and/or Lei Maria da Penha. Thus, the field stablished for this research was the Local State Court (Tribunal de Justiça do Maranhão), the 8th Criminal Court - which answers for the Court of the Elderly -, the Special Court of Women, the First Special Criminal Court and the Public Prosecution’s Offices that deal with elderly, women and health. The analysis of processes related to elderly women in the period from 2011 to 2015, downloaded and in course on the 8th Criminal Court, the Special Court of Women and in the First Special Criminal Court was used as instrument for collecting data. Another aspect emphasized was the presentation of the actual standpoint of the Criminal Chambers from TJ-MA about the competency to process and judge situations involving domestic and familiar violence against these women. In terms of methodology, the evaluative research was chosen, and it was conducted through a quantitative and qualitative focus, through the critical-dialectical approach, enabling a reconstruction of the reality faced by this old woman victim of violence; and also, by the articulated use of different research procedures and collecting information, counting on semi-structured interviews with magistrates from specific local courts, from the Special Court and with members of Public Prosecution in charge of the respective offices.