Soraia da Rosa Mendes (2020) Processo Penal Feminista (Feminist Criminal Law Procedures) Sao Paulo, Atlas (original) (raw)
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How can oppressive structures be undermined in the pursuit of gender equality? Facing and combating violence against women is essential to reduce this inequality. This article explores the need for the judicialization of violence against women and gender inequality and the importance of the constitution of this process as a political arena in Latin America, especially in Brazil. In an unequal world, the juridical field, like many others, is characterized by complex social relations, and is therefore itself an object of dispute in the quest for greater freedom and autonomy for women. This article explores judicialization as one of the paths taken by Brazilian feminist movements as a way to combat violence against women. Feminism—both as a theory and as a political movement— is known to be manifold and heterogeneous. The judicialization of rights is one of many paths adopted in the bid to build a less unequal society. It is also important to note that the law has been used as an instrument of emancipation for various socially disadvantaged groups; it is not an exclusively feminist approach. This article analyzes the potentialities and limitations of judicialization as an instrument to combat gender-based inequality in Brazil.
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This document addresses the main causes for deprivation of liberty of women in Brazil; general information regarding the female incarcerated population; the human rights violations experienced by women in the prison system; the last developments in law and practice on the issue which result from the mobilization of civil society actors; and, finally, the main challenges within the country. Given the expertise of the organizations, the document focuses on the justice system, answering the questions posed in the Working Group ́s questionnaire.
THE VIOLATION OF HUMAN RIGHTS IN THE BRAZILIAN WOMEN'S PRISON SYSTEM (Atena Editora)
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This article has the general objective of discussing the Brazilian female penitentiary system and the relationship between human rights and the principle of human dignity. There is a frontal violation of both Fundamental Rights and Human Rights in the current engineering of the women's prison system. The methodology used is descriptive and qualitative bibliographical research, based on a bibliographical review, in which it sought to address the issue of human rights violations in the Brazilian female prison system in which the already existing precarious conditions make the environment even more violating, imposing inmates to submission to the most varied situations of disrespect and absurdities under the custody of the State.
Female Incarceration and Criminal Selectivity: Reflections on Crime Committed by Women in Brazil
The Emerald InternationalHandbook of Feminist Perspectives onWomen’s Acts of Violence, 2023
Brazil occupies third place in the world ranking in terms of the prison population in the National Penitentiary System, reflecting a policy of zero tolerance and mass imprisonment of citizens in conditions of vulnerability. Even though incarcerated women are a minority group in Brazil, there is an increase in the percentage of them being subjected to criminal control. According to the latest official data, the number is approximately 38,000 women, representing an increase of 675% between 2000 and 2016which puts Brazil in third place among those countries that most imprison women, behind the USA and Thailand. Criminal selectivity works in an explicit way, given that the majority of incarcerated women in Brazil are young, Black, poor and semi-literate. The crime of drug trafficking accounts for more than 62% of female imprisonments, which is a much higher percentage than that of men for the same crime (41%). From a feminist perspective, this chapter analyses and reflects on the specific characteristics of female criminality related to drug trafficking, highlighting how the intersection between gender, race, class and age informs the criminalisation process of women in Brazil.