masterThesis
Caso Maria da Penha Fernandes: (des)cumprimento das recomendações feitas pela Comissão Interamericana de Direitos Humanos ao Brasil
Fecha
2021-12-15Registro en:
NÓBREGA, Beatriz Peixoto. Caso Maria da Penha Fernandes: (des)cumprimento das recomendações feitas pela Comissão Interamericana de Direitos Humanos ao Brasil. 2021. 134f. Dissertação (Mestrado em Direito) - Centro de Ciências Sociais Aplicadas, Universidade Federal do Rio Grande do Norte, Natal, 2021.
Autor
Nóbrega, Beatriz Peixoto
Resumen
This study aims to analyze whether the recommendations made to Brazil by the InterAmerican Commission on Human Rights, in the Maria da Penha Fernandes litigation,
were duly fulfilled. In that referred case, it was recognized that this did not refer to an
isolated case of violence, but to a systematic violation of human rights, given the
country´s tolerance and inefficiency with domestic and family violence against women,
for this reason it was recommended to Brazil several structural and holistic changes
so that such violation would not be repeated. The importance of the subject is clear,
since, despite Brazil having been condemned in 2001, more than 20 years later, it still
has high rates of domestic and family violence. In this context, the work was structured
in four chapters, the first one discusses the challenges and achievements of the
feminist movement and the international conventions ratified by Brazil, in which it is
committed to combating gender violence. In the second chapter, the concept of gender
is discussed, according to the article Gender as a Useful Category of Historical
Analysis, published in 1995, by Joan Scott, as well as the characteristics of genderbased violence and the factors that enhance it are debated. The third chapter analyzes
the processing of the Maria da Penha case, at the national and international level, and
its direct influence on the enactment of the Law n0
.11.340/06. In the fourth chapter,
each of the recommendations is analyzed, with the aim of verifying whether they had
actually been complied with by the country. Among the difficulties pointed out, the
factor that domestic and family violence is associated with cultural patterns stands out,
in addition to its peculiarities, such as the cycle of violence and the environment in
which the aggressions occur, situations that, by themselves, make difficult the break
this cycle. The methodology used was the bibliographical research, with the use of
researches in theses, dissertations, official scientific research reports related to the
theme of public policies and gender violence, and the approach according to the
hypothetical-deductive method. It is hoped that the work will encourage debate on this
issue and emphasize the importance of combating domestic and family violence in Brazil.