DIAS, Denise Oliveira [1], MARINHO, Thaynara Santana [2]
DIAS, Denise Oliveira; MARINHO, Thaynara Santana. Discussions about gender violence in Brazil. Multidisciplinary Core scientific journal of knowledge. 03 year, Ed. 07, vol. 01, pp. 102-126, July 2018. ISSN: 2448-0959
Summary
The article this is a literature review on gender violence in Brazil. The principle deals with the conceptualization of violence against women, explaining the various types of violence: physical, moral, psychological and financial. In a second moment, is exposed the Maria da Penha Law and what motivated you to be promulgated in Brazil. In a third topic is deepened what is gender violence, because it is more comprehensive and more veiled than domestic violence, it is from it that is domestic violence. Finally, before submitting the final considerations of the work, is wrapped in a topic which was noted in the survey that requires more attention from the Government, which still needs to improve. It is true that the Maria da Penha law contributed greatly to the fight against gender violence, but there is still what to do and that job is to present a reflection on the importance of the discussion of gender violence in order to propose paths to justice soc ial and human rights become more effective than it has been.
Keywords: domestic violence, gender violence, Human Rights.
Introduction
This work analyzes the gender violence that affects women worldwide and is rooted in cultural tradition, in social organization, economic structures and power relations. This type of violence is practised against female person, just simply by your condition, which reveals the social and cultural inequalities that exist between men and women built throughout history, creating a relationship based on inequality, discrimination, in subordination and abuse of power.
Domestic and family violence against women is a serious and recurrent problem in Brazil. Research conducted by the Popular Date institutes and Patricia Galvão (07/01/2015) revealed that 70% of women victims of violence are assaulted in their own homes and, in General, by their partners. domestic and family violence committed by men against women is gender-based violence, because it presents as the Foundation tradition of patriarchy, which covers the history and thought of the alleged discriminatory duty of women's submission to men as if she were in a hierarchical position inferior to him in society.
The Maria da Penha Law (Law No. 11,340, August 7 2006) consists of an instrument of great importance in the fight against domestic and family violence against women. So, for a more effective resolution of the problem in question, it is essential that they be made deep analysis of the application of that standard to be identified and, then, resolved the difficulties present in the application. Gender violence is characterized by the incidence of violent acts on the basis of the genre to which belong the people involved, in other words, the violence because someone is a man or a woman. The expression gender violence is almost a synonym for violence against women, because women are the biggest victims of the violence.
So, this article is the implementation of the law 11,340/06, the Maria da Penha Law, which defines domestic violence or family member against women as any action or omission, based on gender, which causes death, suffering physical, sexual or psychological and moral and patrimonial damage, within the domestic unit, the family and in any intimate relationship of affection, in which the aggressor or acted with conviva assaulted.
1. Violence against women in Brazil
Even though we live under the dictates of a democratic and social Constitution, worried about human rights and the development of citizenship in your fullness, it is possible to identify a strong social problem that affects the country, namely, violence against women .
The family is sacred institution defended by the most important religions, such as Judaism, Christianity and Islam, is taken as the basis of society as a whole, which is why the Federal Constitution comes with special care, in your article 226:
The family, the basis of society, have special protection from the State.
- 1st marriage is free and civil conclusion.
- 2 the religious marriage has civil effects, in accordance with the law.
- 3 for the purpose of protection of the State, the stable union between man and woman as a family entity and law facilitate your conversion in marriage.
- 4 means, too, as the familiar the community formed by either parent and their descendants.
- 5 the rights and obligations concerning marital society shall be exercised equally by the man and the woman.
- 6 civil marriage may be dissolved by divorce. (Wording by Constitutional Amendment 66, 2010)
- 7th Founded on the principles of human dignity and responsible parenthood, family planning is a free decision of the couple, racing to the State to provide educational and scientific resources for the exercise of that right, prohibited anyway coercive by official institutions or private.
- 8. The State shall ensure assistance to the family in the person of each of the integrate, creating mechanisms to suppress violence within their relationship. (emphasis added)
It may be noted that the Constitution calls for the duty of the State to ensure the protection against family violence, in any part of your relationships, violence against women is understood as a preservation of the family institution.
It is worth noting that violence against women in Brazil, happens without choosing the social class, race, or any other item of distinction, she subtly occurs within the home, where no one can predict, violence can be happening.
Second Deputy Martha Marquez da Rocha:
There is an endemic character on gender violence. She is unaware of limits or boundaries: social class, culture, types of degree of economic development. Can occur everywhere, in public or private space and be practiced in any stage of life of women, by strangers or relatives, especially the latter.
On the financial dependence, or even emotional, many women undergo a life of terrible quality, being liberated slaves. Put upon them the social veil that violence against them, it's no big deal, is common and therefore totally acceptable.
The design of the thought of domestic violence as something natural, is cultural. Because the woman regarded as possession as an object of sexual desire, the matter of subject to object to him, in this way, the man who commits violence against women, not criminal acts, but only moved by violent emotion in many cases, being absolutely so that attitude clearly harms excusable not only the victim, but the entire society to reap the bitter fruits of a home corrupted by violence.
Violence against women is so serious, because not only the woman reaches into your heart, but your children, the children of their children who will learn with their parents that violence tell woman is not violence, it is tolerable, is justifiable. While in your truth, never was.
. Second Alley (1997 apud Azevedo, 1985 p. 19)
"Violence is any initiative that seeks to exert coercion on the liberty of someone who tries to stop his freedom of reflection, judgment, dedication and that ends by demote someone on the level of means or instrument in a project, that absorbs and includes, without treat it as free and equal partner. Violence is an attempt to reduce someone to embarrass someone disown himself, resign yourself to the situation where it is proposed to renounce all the fighting, give up themselves. There are several reasons such as: poverty, misery, inequality, unemployment, discrimination, among others, that can contribute to the development of aggressive acts between people. However, the violence is not linked to the minor class, marginalized, as many think, but appears in all social strata, ages, sexes, races, ethnicities, religions, etc.
If we have based on the family, it is plausible that the State worry greatly with your protection. For this protection the State must act effectively to curb violence against women, because she raises, cares for and educates in the great majority of cases. If permission is a mother, teacher, worker is subjected to a gratuitous violence as a result of your genre, allows that the whole society is contaminated by a villainous and ungrateful conduct against women.
It is not just a feminist discourse based on genre, but a reference to the constitutional text that States that the family should be considered the base, the Foundation of a healthy society, and for the construction of such a project is necessary to eliminate from our legal violence against the genre, as well as primitive is totally detrimental to society as a whole.
Such violence against women can manifest itself in various ways, which in most cases is presented in a sequence of actions, which are according to 11,340/06:
- Physical violence: occurs when a person is in power relationship in relation to the other, causes or attempts to cause non-accidental damage, through the use of physical force or some kind of weapon that can cause or no external injuries, or both. According to latest designs, repeated punishment, not severe, also consider physical violence. This violence can manifest itself in various ways such as: slapping, shoving punches, kicks, bites, Burns, cuts, injuries by weapons or objects, strangulation and others.
- Psychological violence: any action that has the intention to cause emotional damage and decreased self-esteem, manage behaviors and decisions of the victim by means of threat, humiliation, manipulation, isolation, constant surveillance, insult, blackmail , ridicule, or any other means that it causes injury to psychological health and to self-determination.
- Sexual violence: is any conduct that forces the victim to witness, maintain or participate in unwanted sexual intercourse, preventing the victim from using any contraceptive method or the force to marriage, pregnancy, abortion or prostitution by threat , blackmail, bribery or tampering; or to limit or revoke the exercise of their sexual and reproductive rights. Among them we can mention: rape within marriage or dating, rape committed by strangers, sexual abuse of persons mentally or physically incapable, among others.
- Patrimonial violence: is when the aggressor takes or destroys objects, their working tools, personal documents, goods, values and rights or economic resources, including the intended to satisfy your needs.
- Moral violence: Slander, defame or committing slander.
In the Declaration on the Elimination of violence against women, adopted by the United Nations General Assembly, in 1993, was described in the following concept to gender violence:
"Any act of gender-based violence that results in, possible or real, physical damage, psychological or sexual, including threats, coercion or arbitrary deprivation of liberty, whether that happens in public or private life. Covers, without limiting character, the physical, sexual and psychological violence in the family, including beatings, sexual abuse the girls, rape related to inheritance, the husband rape, genital mutilation and other traditional practices that violate woman, violence by other people – not the husband-and violence related to the physical, sexual and psychological exploration and to work, in educational institutions and in other areas, trafficking in women and forced prostitution and violence physical, sexual and psychological perpetrated or tolerated by the State, wherever it occurs. (Who, 1998, p. 7) "
However, although violence against women is not restricted to physical violence, the majority of the population is understood as if it were. It's totally plausible that popular understanding, considering the great difficulty of diagnosing the violence in its other forms, however it is possible to affirm that the psychological violence is able to affect more than physics.
According to Azevedo & war (2001, p. 25):
"The term psychological domestic violence was coined within the feminist literature as part of the struggle of women to make public the daily violence suffered by them in private family life. The socio-political movement that for the first time, drew attention to the phenomenon of violence against women practised by your partner, started in 1971 in England, having been your key milestone the creation of the first "HOUSE shelter for women beaten, this initiative that has spread throughout Europe and United States (mid-1970), reaching Brazil in the Decade of 1980 ".
Violence against women, whether in any manifestation is harmful both to the victim, as the attacker who is also a victim of patriarchal system biased and discriminatory, as the whole society that co-exists with this problem that affects anyone, at any time.
1.1 the Maria da Penha Law (11340/06)
The Maria da Penha Law was born of one of the most famous in Brazil of domestic violence, a classic picture of what many women spend during their lives. Fortunately, Maria da Penha wasn't an easy victim, because he got out of the scenario of violence, and report what was going on, but that's not how most victims Act, because due to the fear of exposure and especially of the assailant, prefer to be silent to report and so undergo the unhappy fate of victimhood.
According to the public prosecutor, in the State of Goiás to the dissemination and understanding of the law Maria da Penha (2011, p. 10):
Maria da Penha Maia Fernandes was born in 1945, in Fortaleza, Ceará. He graduated in Pharmacy and biochemistry Federal University of Ceará, in 1966. Soon after, he went to São Paulo to complete a master's degree in parasitology. It was there that he met your second husband, a professor of Colombian economy.
The aggressions of the husband began around the fourth year of marriage. At first, the violence was psychological and verbal devaluation of type person, says Maria da Penha. The assaults were progressing, and in May 1983, the husband tried to kill Maria da Penha with shot in the back, which left her in a wheelchair. At the time of the crime, he said that the couple were the victim of assault, came to hurt himself with a knife to simulate a gunshot wound and she believed in his version.
After five months in hospitals in Fortaleza and Brasilia, Maria da Penha returned home. Soon after, her husband tried to kill her again. This time, tried to electrocute her while showering, when Maria da Penha took courage to split up and denounce violence.
The case of Maria da Penha crawled on justice for extended 15 years and there was no condemnation for the aggressor, which is why the Center for Justice and international law (CEJIL Brazil) and the Latin American Caribbean Committee for the defence of women's rights (CLADEM-Brazil), and the victim returned to the Inter-American Commission on human rights (OAS) application against the Brazilian State.
The complaint revealed the neglect of Brazil with domestic violence, because it is clear that Maria da Penha was just one of thousands of women affected by such a social evil. Given this, the Inter-American Commission on human rights in your report No. 54 of 2001, blamed the Brazil for negligence, omission and tolerance to domestic violence against women.
On August 7 2006 was sanctioned the law Maria da Penha, a joint construction of CEPIA (Cidadania, studies, research, information and action.); CFEMEA (Centro Feminista de Estudos e Assessoria); SCHEDULE (actions on gender, citizenship and development); ADVOCACI (Citizen Advocacy for human rights); CLADEM/IPÊ (Latin American and Caribbean Committee for the defence of women's rights and Institute for the promotion of Equity); THEMIS (Legal Advice and gender studies).
This law increased the severity of the punishment to cases of violence against women, providing for public policies to prevent (as informational campaigns, programs and projects); punish and ultimately, eradicating violence against women.
Does not apply to crimes against women 9099/95 law, which deals with infractions under penalty of up to two years as less offensive potential. That is, when crimes against women is not criminal transaction, fine or basket as penalty. We can report a domestic violence against women, which resulted in the creation of the Maria da Penha Law.
Each type of violence generates, according to Kashani and Allan (1998), losses in the spheres of physical, cognitive, social, moral, affective or emotional. The physical manifestations of violence can be acute, such as inflammation, bruising, bruising, or chronic, leaving sequels for life, as the limitations on motor movement, trauma, disabilities, among others.
The psychological symptoms often found in victims of domestic violence are: insomnia, nightmares, poor concentration, irritability, lack of appetite, and even the onset of serious mental problems like depression, anxiety syndrome panic, PTSD, as well as self-destructive behaviors, such as the use of alcohol and drugs or even suicide attempts (KASHANI; ALLAN, 1998).
2. Gender violence
It is important to note that gender violence has no distinction of social class, race, or even the same religion, it happens in disfavor of a woman, for the simple reason she is a woman. That is, when the man, be a man, you think you're superior due to be economically stronger, or using physical force, assaults, whether physical, sexual, moral violence, symbolic or even psychological. Gender is a social and cultural construction of masculine and feminine, with cultural and economic contamination of each season. According to Eva Faleiros (2007, p. 62):
Gender violence is structured – social, cultural, economic and political-from the view that humans are divided between males and females, corresponding to each sex, places, roles, status and unequal powers in private life and in public, in the family, at work and in politics.
The gender violence doesn't choose social class, race, color, nothing. Any woman can be a victim of gender violence, in any season of your life. Fernanda de Oliveira (2010, p. 13) reports:
We need to change the starting point, get the perception of the woman victim of domestic violence, to undertake a process of understanding the socio-cultural roots of this speech, build a path that crosses the identity of each individual building. It is not intended to overlay lines, build other discursive ethos to these people, but insert it in a collective context, since the problem is born from the bosom of a group. Therefore, the search for your possible solution must also be collectivised.
The roots of violence in gender relations are the relations between men and women, from the moment that a man thinks he's superior by genre and annuls this way or denigrates the other genre, through glances, words, name-calling or attitudes unbiased, occurs the manifestation of gender violence.
When the gender violence occurs, is an open door for domestic violence in your most visible which is physical violence, that it leaves visible marks to society, however it is worth noting that gender violence is not only this, but is any kind of conditioning forced submission of the female gender by the male.
This patriarchal cultural heritage needs to be rethought by the brazilian society, as a seemingly harmless comment about women's inferiority is a demonstration of gender violence, that could possibly come to some act of violence justiçar more severe domestic.
Awareness of gender violence is a way of combating domestic violence, violence in all its forms, as it is in the home, you learn what to do during a lifetime. The gender violence contributes to social inequality, to the formation of potential victims and worse, of future potential aggressors.
In this scenario, there is no specific attackers, or victims of the evil system that denigrates the female image in front of the male, allowing the violence be taken as funny or permissible in different social spheres, not to be taken as violence until becomes visible, tangible, felt.
3. Public policies for completion of the 11340/2006 law and combating gender violence.
Understand how public policy actions that a Government performs for the implementation or execution of a specific project. As to gender violence there are public policies developed by the State in order to attract women to the Judiciary, to strengthen your confidence that justice will be served and she received in what it takes.
The Maria da Penha Law stipulates that the Government should carry out public policies to prevent and curb domestic and family violence against women and, thus, protect the human rights of women, in the sphere of domestic relations and family, with the order to protect them from any form of neglect, prejudice, abuse, oppression, violence and cruelty. Examples of these programs are: national plan of policies for women 2013-2015; National policy to counter violence against women; Courts of domestic violence against women.
There are women's police stations, in order to ensure to victims greater access to these places, encouraging reports of crimes, there are also Courts of Justice of Woman, with the same purpose.
In order to expedite service of the victim at risk, there are emergency protective measures that may be requested before the trial of the case in order to protect the victim from the offender. Provided for in article 22 of the Law 11340/06:
Art. 22. Established the practice of domestic and family violence against women, in accordance with this law, the judge can apply immediately to the aggressor, together or separately, the following protective measures, among others: (I) suspension of the possession or restriction of weapons, with communication to the competent body, in accordance with law No. 10,826, of 22 December 2003; II-removal of the home, domicile or place of coexistence with the offended; III-prohibition of certain conduct, including: a) approximation of the offended, of their families and witnesses, setting the minimum distance between them and the aggressor; b) contact with the offended, their families and witnesses by any means of communication; c) frequentation of certain places in order to preserve the physical and psychological integrity of the offended; IV-restriction or suspension of visits to minor dependent, heard the multidisciplinary care team or similar service; V-provisional or interim maintenance. (1) the measures referred to in this article shall not prevent the application of other legislation in force, whenever the safety of the offended or circumstances so require and the Providence be reported to Prosecutors. (2) in the event of application of item (I), if the offender under the conditions mentioned in the caput and items of art. 6 of law No. 10,826, of 22 December 2003, the judge shall inform the respective organ, Corporation or institution emergency protective measures granted and determines the restriction of arms, getting the immediate superior of the aggressor responsible for compliance with the judicial determination, under penalty of incurring in crimes of malfeasance or of disobedience, as the case may be. (3) to ensure the effectiveness of protective measures of emergency, can the judge order, at any time, the police force. paragraph 4 shall apply to the events contemplated in article, what fits, caput and in §§ 5 and 6 of art. 461 of the law at 5,869, of 11 January 1973 (code of Civil Procedure).
According to Maria Berenice Dias (2010):
Forwarded by the police authority application for restraining order of urgency – whether criminal in nature, whether civil or family character – the day is booked as a restraining order of urgency, or similar expression identifying the your origin. (…) If you're not facing criminal proceedings and the code of Civil procedure has subsidiary application (art. 13). Although the request was formulated before the police authority, must be minimally met the conditions of the precautionary measures of the civil procedure, i.e. can be trasmitted ' ex parte ' or af[49]ter hearing of justification and do not require fumusboni juris ' proof ' and ' periculum in mora.
In this sense it is possible to say that the Maria da Penha Law came ensure ways of combating gender violence, and thus collaborate in the social struggle for this change in valuation of the female gender in Brazil.
4. What needs to change
The Maria da Penha law despite the legal advances that brought, can't change something that is rooted in the culture of the country.
The real fight against domestic violence will come from an education to respect for diversity.
Combating prejudice and the identification of the subject as a subject of law and not subject to object ownership.
When the culture of the country is transformed by small individual gestures of intolerance to violence, the country will change without the need for new laws, because only education is enough for the construction of a more just and fair society.
Work the problem of gender in schools and homes is that you can actually fight domestic violence.
Conclusion
On the basis of the outside exposed and in the arguments presented, it appears that the woman was and still is inferiorizada before the man. Domestic and family violence against women is a phenomenon that started to be built since the early days, and that to this day, even with trade-offs between the sexes, remains a fact of daily life in the lives of many women. The need to issue the law 11,340/2006, only revealed the level of brazilian culture with regard to the issue of violence against women. Needed to have a law to say that a woman can't hit, what your physical, moral and intellectual integrity must be preserved. The fact that these guarantees are included in the constitutional text, since 1988, was not enough; was necessary to bring the issue to the scope infra. The Maria da Penha Law came to combat this type of violence, based on the story of Maria da Penha Maia Fernandes Ceará, assaulted several times by her husband, and who together with feminist movements and international conventions, ensejaram the initiative the creation of a law specifies that regulate and punish the attackers.
Finally, it is regrettable to recognize that the lack of awareness and dissemination of a new culture: the culture of peace (to start with children in schools. The changes do not happen if future generations are not educated under this paradigm). Lack of society's involvement with the cause (to combat violence is the duty of all art. 3, paragraph 2, of the law 11,340/2006). Miss greater commitment from those who are involved with the problem. There is a lack of awareness and training of that act more directly in the area (victims are treated with indifference, often discouraged to report their attackers, contributing to the revitimização).
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[1] Master's degree in environment and society by the State University of Goiás (UEG-Morrinhos), Lawyer.
[2] Graduated in law from Universidade Salgado de Oliveira (UNIVERSE-Goiânia)
