O patriarcado é um juiz: um estudo sobre o indeferimento das medidas protetivas de urgência para mulheres em situação de violência em Curitiba

Abstract

The present master’s dissertation aimed to analyze the aspects that involve the rejection of the urgent protective measures provided for in Law 11.340 / 2006 – Maria da Penha Law, through the perceptions and experiences of professionals and feminist activists who work with the theme in Curitiba, Paraná. Our specific objectives were to study the patriarchal-racist-capitalist structure of oppression, domination and exploitation of women; understand the normative-legal achievements to confront violence against women, in the light of the critical theory of human rights; and to analyze the relationship between the refusal of urgent protective measures provided for in the Maria da Penha Law and the reproduction of violence against women. Through a qualitative and exploratory study, we carried out a content analysis of the semi-structured interviews applied with the research participants, achieving the following results: the elements that involve the rejection of urgent protective measures are related to the conservative character of the Justice System and with the profile resistant to the Maria da Penha Law by magistrates; The absence of evidential content that confirms the woman’s report and the violence suffered, reveal the (dis) value given to the word of the woman in a situation of violence; The rejection of protective measures constitutes institutional violence and the lack of structuring services, such as the Public Defender’s Office, constitutes one of the obstacles in the access to justice for women; Perspectives for strengthening the Maria da Penha Law and for the effectiveness of urgent protective measures highlight the importance of strengthening the feminist agenda and challenge the constitution of political, social and institutional processes that guarantee the centrality of women themselves, as well as the operational integration between women and men. Justice system and social policies, with a horizon in the emancipatory construction of a new culture and sociability.