Caso Maria da Penha Fernandes: (des)cumprimento das recomendações feitas pela Comissão Interamericana de Direitos Humanos ao Brasil

Abstract

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.