Poder judiciário e violência de gênero no Brasil: uma avaliação política da Política Judiciária Nacional de Enfrentamento à Violência contra as Mulheres durante o período de 2015 a 2018

Abstract

This research addresses the National Judiciary Policy for Combating Violence Against Women, established by the National Justice Council through Ordinance No. 15, dated March 8, 2017, and Resolution No. 254, dated September 4, 2018, during the years 2015 to 2018. It employs the evaluative research methodology, notably through public policy evaluation, considering its principles and theoretical-conceptual foundations, taking into account the conflicting subjects and interests involved in the formulation process. The study adopts the method of reflective sociology, outlined by Pierre Bourdieu, based on the assumption of the symbolic efficacy of Law, its institutions, and politics, through critical analysis of the categories of 'legal field' and 'official representations.' Research procedures are based on bibliographic research for literature review purposes. Secondary data collection consists of exploratory documentary research, with empirical bases primarily being Ordinance No. 15/2017 and Resolution No. 254/2018, both from the National Justice Council. Semi-structured interviews are conducted using a pre-prepared questionnaire with individuals who were part of the Working Group established by Ordinance No. 54/2016 of the CNJ. The study analyzes the socio-historical context of the formulation of the National Judiciary Policy, reflecting on the political scenario experienced by the country, as well as the political function of the Judiciary and the historical formation of judges in Brazil. It addresses the subjects and interests involved in the policy's formulation. It reflects on the foundations and conditioning factors of political, economic, sociocultural, and legal orders that mark the policy's formulation process, analyzing the theoretical-ideological conceptions that inspired it, particularly through reflection on the meanings of the concepts of violence against women, gender, and conflict resolution, from a feminist perspective with an emphasis on human rights. The study critically analyzes the institutional design of the policy, discussing the consistency of the mechanisms provided in the Resolution and Ordinance concerning the proposed objectives. It addresses the political significance of the choice of these normative acts, as well as provisions related to State Coordinators for Women in Situations of Domestic and Family Violence, the 'Justice for Peace at Home' Program, institutional violence, and data referral and collection procedures. It reflects on the absence of provisions in the policy text regarding issues of race, class, and other female vulnerabilities. The study analyzes the compatibility of the policy text with the principles enshrined in the 1988 Federal Constitution, especially those related to equality, procedural speed, and access to justice.