A dominação masculina, o patriarcado e a apropriação estatal de conflitos: contribuições da justiça restaurativa aos casos de violência doméstica e familiar contra a mulher

Abstract

The present study seeks to question the theoretical and methodological framework that grounds a state punitive response to cases of domestic and family violence against a woman - Maria da Penha Law, dialectically combining a sociology of Pierre Bourdieu, feminism and critical criminology, and articulating the theory with the analysis of interviews of the subjects involved in criminal proceedings of the 4th Criminal Court of Cachoeiro de Itapemirim/ES (victims and aggressors). The method used in the research is the dialectic, so that one studies extensively, all aspects of the phenomenon, its relations, connections and inherent contradictions, for a dynamic and totalizing interpretation of the social fact. The methodological procedure used was Field Research, starting initially from the bibliographical survey, using a predominantly qualitative approach, through semi-directed interviews, with a questionnaire, previously established for subjects involved in domestic conflicts - victims and aggressors. Faced with this, it was possible to achieve the following results: a) Women do not necessarily aim for a punishment of the aggressor with a prison when they activate the state; b) Present the phenomenon of "double victimization of women", first by the aggressor and then by the state that undervalue its will as directly interested in the conflict; c) Present the feeling of insecurity and guilt in the victims; d) The relationship between aggressors and victims gets worse after joining the process. The conclusion is that the criminal justice system specifically disciplined in the Maria da Penha Law as a response to domestic and family violence against a woman, does not offer satisfactory answers. It is also concluded that the Restorative Justice model is more appropriate for the problem, especially for the active participation of the directly affected in the conflict, with the possibility of resignification of the affective and family relationships and deconstruction of the naturalized idea of male superiority that socially legitimizes the violence against women as something acceptable and culturally constructed.