Raça e classe nos processos de violência doméstica e familiar na Comarca de Imperatriz

Abstract

Domestic and family violence is a serious violation of human rights, recognized by the United Nations Conference in Vienna in 1993. Although there are efforts to eliminate this type of violence, such as the Maria da Penha Law (Law 11.340/2006) and initiatives of the National Council of Justice (CNJ), black women are the main victims. This is, therefore, a subject that deserves attention: the issue of domestic and family violence from the perspective of race and class, considering that they are determining categories, which underlie discrimination and structuring subalternities of Brazilian society, which reproduce social asymmetries that justify the triple vulnerability suffered by black women. From this understanding, the following research problem emerges: How does the Legal District of Imperatriz approach the racial element in domestic and family violence cases? The method adopted for analyzing the problem was bibliographical and documentary research, based on the CNJ’s National Risk Assessment Form and the granting of Urgent Protective Measures for processes distributed in the Legal District of Imperatriz, in 2020 and 2021. To approach this legal and social phenomenon, Decolonial Epistemology was used through the choice of a theoretical framework from black and intersectional Feminism. Thus, the specific objectives are to carry out a theoretical research on the concept of black women, to understand who this subject is and their subjectivity; address the scope and limits of the Maria da Penha Law for these women, formulating the hypothesis that the law takes women as a universal category; and, finally, to verify, through documentary research, how the racial element is analyzed in the processes of domestic and family violence. Given these steps, the evidence demonstrates the need for self-attribution of racial belonging to black women in situations of domestic and family violence; improvements in the risk assessment instrument, as well as the application of the granting of Urgent Protective Measures, proving how structural racism is in Brazil and the need to confront it, aiming at improving the fight in resistance to violence against women, especially for black women, within the scope of the Judiciary.