Between parents and children : judiciary practices on family crimes / Entre pais e filhos : praticas judiciais nos crimes em familia

AUTOR(ES)

Daniela Moreno Feriani

DATA DE PUBLICAÇÃO

2009

RESUMO

This work intends to reflect about the family violence in the Sphere of the Criminal law. In order to do so, I have analyzed murder and murder attempt indictments between parents and children conducted at Campinas Forum in the period from 1982 to 2002, and I have also watched hearings, trials and performed interviews. The goal was to learn the judicial practices, in other words, the reasoning and strategies used by lawyers and judges on the trials of these crimes. Beginning with a comparative analyses with the crimes between couples, I show how parents that murder their children and husbands that murder their lives can be read in a masculine pole through notions of authority and honor, respectively, while the children that murder their parents and wives that murder their husbands would be on a feminine pole through the figure of madness, on one side, and of life defense on the other. Contradicting some studies regarding domestic violence that explain the sentences in favor of the defendant in an attempt by the Justice to defend the family, I show here another view over the family relations at stack: it is not about preserving or defending, despite the fact that this is the rhetoric employed by the lawyers on the criminal processes, but expel the family from the justice system when acknowledging it as a stage for insoluble conflicts that challenge the capability of the criminal justice of reintegrating the crime on a symbolical order and give it a meaning in face of the distinction between the good and evil. Thereby, the crimes between parents and children nevertheless are thrown towards the psychiatry field and other times are given back to the family with the discharge of the defendant

ASSUNTO(S)

violencia direito penal family justice paent and child violence justiça criminal law juri familia pais e filhos - homicidios

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