Genealogia da noção jurídica de estupro no Brasil: normatividade e processos de subjetivação.

Abstract

This Doctoral Thesis aims to perform the genealogy of the legal notion of rape in Brazil and analyses the forces that have been at play in Brazilian history, engendering this notion that, far from being static and with an absolute and irreducible meaning, has been changeable and contingent. Throughout the history of Brazil, the notion of rape, both in social meanings and in its typification, has undergone transformations in the very conceptualization of the practice, as well as in the determination of who would be its perpetrators Against whom the execution of the penalty provided for in law. The game of forces that engenders the notion of rape is observed not as if they were obedient to a destination or mechanics, but rather as a result of the disputed forces. Genealogy is used as a methodological tool, as proposed by Michel Foucault. In the last chapter, a case study is presented in order to test the validity of the raised hypothesis. The genealogical method is used both for the legal notions established in Law and for the case study. In the conclusions, the raised hypothesis is confirmed.