A masculinidade no banco dos réus: um estudo sobre gênero, sistema de justiça penal e a aplicação da Lei Maria da Penha

Abstract

The definition of gender, as a category of analysis, finds many divergences in the theoretical field. The research constitutes the effort to dialogue with the gender theory of Scott (1995), as a way of signifying the relations of power; Buther's concept of performativity (1991), understood as the reiterative power of discourse to produce the phenomena that it regulates and constrains; Rubin (1975), for whom, in the sex and gender system, women have the value of exchange, and Bento (2006), which contrasts with binarism, affirming that in the world of social relations there is diversity, and can not enter into the categories of dominant an d dominated. Theories about masculinities, with the discourses victimizing, psychologizing, male domination (BOURDIEU, 2003), social role theory, hegemonic masculinity (1995; 2013), and dialoguing with other authors, such as Oliveira (1998), Medrado and Lyra (1996; 2008;), Nolasco (1993), in the search for the understanding of a possible relation of the relation masculinities and violence against the woman. Men dominated women, initially, by the use of force, using other means of control, which are the structures of power, such as the law, the family, the media, the church and the state The law had and has a crucial role in maintaining and legitimizing gender inequality, subtracting women's rights for entire generations. But the contest has always been real. There was never complete subordination. If it is true that there has always been a gender order, it is also true that there has always been disorder and subversion. Social changes in the field of subjectivity and cul ture are slow, but they do happen. Gender moves in constant tension with reflections, pressures, political events, social, generational, race, regional customs, technology, speed communication, education, art. In short, gender is relationally negotiated. History shows that women have been subjected to much discrimination, violence and inequality, even though they have achieved many achievements, by force and in the struggle, there is still a distance from gender equality. However, it is necessary to perceive, as Medrado (1996) states, that power relations are games, not states, and there are paths of transformation, without the maintenance of stable and immutable roles. In this context, the Maria da Penha Law, the punitive perspective, the effectiveness in the application of the responsibility of the perpetrator of violence and the understanding of the system of protection of women are analyzed. Reflective groups of men present themselves as a possibility to provoke reflecti ons on the perpetrators of domestic and family violence in order to modify violent patterns of behavior.