A desconfiança em relação à palavra da vítima e o sentido da punição em processos judiciais de estupro / The distrust of the victims moral and the meaning of punishment in rape judicial lawsuits

AUTOR(ES)
DATA DE PUBLICAÇÃO

2010

RESUMO

The purpose of this research was, through the qualitative analysis of thirty rape judicial lawsuits, discuss and bring to light the logic of the criminal justice in cases of situations classified and tried as rape crime in the city of São Paulo (2000-2005). This way, several issues related to the performance of the criminal justice and seen during the analysis of several steps of the development of the rape judicial lawsuits will be introduced: the difficulties of proving sexual violence; the lack of police investigation; the presence of discourses which get in the way and constitute the procedures of the investigation of the truth in cases of rape; the criteria and categories of evaluation of the individuals and situations; the way the judges direct the punishments and justify their decisions; the way several issues, wich are formulated to the involved parties and witnesses, seem to guide the final results of the lawsuits and point to some determined direction of punishment arising from the analyses of a set of decisions; and the way this direction of punishment seems to be an unexpected effect of discussions, in the last thee decades, among the institutionalized feminist discourses and the punitive discourses about attributing to this crime and its corresponding punishment

ASSUNTO(S)

estupro gênero punishment rape punição judicial practices discurso gender discourses práticas jurídicas

ACESSO AO ARTIGO

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