Análise dos mecanismos do sistema de justiça criminal para a proteção das mulheres vítimas de violência sexual no âmbito dos relacionamentos íntimos de afeto

Abstract

The current research leans over on the study of sexual violence against women in the context of intimate relationships of affection and the criminal response to these crimes, seeking to demonstrate how patriarchy and gender inequality influence the perpetuation of this kind of violence, including the ones resulting from the lack of training and preparation of state agents for first response, testimony taking and protection of victims. An analysis is proposed regarding the inadequacy of criminal mechanisms for the protection of female victims, owing to the little investment in effective public policies facing the issue. The construction and certain social roles for men and women contributed to gender inequality and the favoring of the male figure over time, even regarding sexuality. It was up to the male sex the active role in the relationship and the woman the passive one. As a result, the man has always felt in power of female bodies, even believing that he could rape them. Thus, sexual violence against women imposes itself as an extreme demonstration of power and domination by men over women, violating their body and autonomy as a person of rights. In addition to primary victimizing, the victim faces violence from the criminal justice system itself, which discredits their speech and submits them to degrading situations. In this sense, after careful analysis on the positions present in Brazilian doctrine, as well as the jurisprudential understandings, through documentary and bibliographic research, it is proposed the implementation of extra criminal mechanisms to fulfill the prevention of these cases. The goal should be to prevent violence from happening, but when it has already occurred, humane and adequate treatment should be provided for the victims. It is suggested that the effective protection of women goes far beyond legislative change. The establishment of public policies facing sex education and gender equality, provided since early childhood, will ensure greater participation of women in spaces of power and reduce discrimination, which in line with the training of state agents, will ensure awareness and effective social change.