Processos criminais prescritos definindo violação de direitos humanos de mulheres

Abstract

The scope of this dissertation is to evaluate the prescribed criminal processes, which involve the violation of the human rights of women in domestic and/or family relationships in the interior of Maranhão, in the time span between the years 2017 and 2021, analyzing the phenomenon of prescription criminal law, the factors that contributed to each prescription, as well as the management of the phenomenon studied by the Judiciary. The theme now developed chose to evaluate criminal actions that were processed in the District of Urbano Santos, in the alluded time period, considering the integrality of the criminal processes that present the woman as a victim. The preliminary hypothesis raised was the presence of a high incidence of prescription in the processes, which deal with domestic and/or family violence in progress in the researched Court. The main theoretical landmarks of this dissertation are predominantly Pierre Bourdieu, Boaventura de Sousa e Santos and Heleieth Saffioti. These epistemological bases formed dialogues about symbolic power, the emancipation of the judiciary and the social understanding of gender violence on Brazilian soil. In order to fulfill the research proposal, the following specific objectives were chosen: a) To analyze the Human Rights of women, based on the chosen epistemological elements; b) analyze the main data on the phenomenon of prescription in domestic and/or family violence in Brazil and in the State of Maranhão; c) demonstrate how legal operators acted institutionally in the criminal cases studied, considering or not the referred phenomenon in the context of human rights violations; d) analyze the causes for the criminal processes under evaluation, having been prescribed, based on the data collected in the research object. This is a qualitative and quantitative research, belonging to the social-legal aspect of legal investigation, based on Popper's hypothetical-deductive reasoning and combined with the research technique of content analysis. It was concluded at the end of the research and henceforth by confirming the preliminary hypothesis that it is necessary to operationalize measures that actually guarantee the effectiveness and efficiency of all the institutions that make up the Justice System, especially the Judiciary, with the purpose of guaranteeing a jurisdictional provision that delivers effectiveness to the violated Brazilian woman, based on the due academic transdisciplinary technical preparation, not merely legalistic or positivist, as determined by the Maria da Penha Law - LMP, in order to guarantee the jurisdictional parties in question, access to fair justice, fulfilling its share of responsibility in terms of containing the terrible systemic and growing pathogenesis of gender-based violence on Brazilian soil.