Soraia da Rosa Mendes (2020) Processo Penal Feminista (Feminist Criminal Law Procedures) Sao Paulo, Atlas (original) (raw)
THE VIOLATION OF HUMAN RIGHTS IN THE BRAZILIAN WOMEN'S PRISON SYSTEM (Atena Editora)
THE VIOLATION OF HUMAN RIGHTS IN THE BRAZILIAN WOMEN'S PRISON SYSTEM (Atena Editora), 2024
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.
2002 Journal of Gender Studies 11(3): 243-251., 2002
In Brazil, the creation of all-female police stations to encourage the denunciation and prosecution of violent crimes against women represents one of several examples of state-institutionalised feminism. This paper recounts the history of the implementation of these innovative institutions, and examines difculties encountered in this experience, with particular focus on the differences between the predominantly white, middle-class feminists that originated the idea and the predominantly black, working-class policewomen charged with carrying it out. Anti-essentialist theory is useful for understanding the awed logic that produced inappropriate expectations of policewomen. However, the paper concludes that this perspective offers little direction for furthering the nascent reform of law enforcement, and offers a feminist version of an imagined communities model in its place. Feminist scholarship in the 1990s signi cantly increased scholars' attentiveness to how lines of af liation and identi cation drawn by gender are cross-cut and quali ed by such social distinctions as class, race, and occupation. In the spirit of such work, I organise this account of my research on Brazil's unique women's police according to the competing loyalties pulling at the unique group of policewomen I studied. The rst half of this essay demonstrates how policewomen's commitments and identities were shaped by their occupational and class backgrounds. In the second half of the paper I discuss how awed assumptions about policewomen's identities have undermined the effectiveness of Brazil's women's police, while also submitting that the same awed assumptions have provided a potential starting point for more enduring social reform and transformation. Since 1990, when I began this investigation, I have looked to feminist thought to guide my interpretations of Brazil's gendered policing experiment with mixed and often contradictory results. At that time, feminist anthropological work on gender (like that in many other elds) was primarily concerned with anti-essentialist goals. This meant that, rather than treating all women's experiences as arising out of some common feminine 'essence,' or assuming that women comprised some unitary female 'sex-class' (Moore, 1988, p. 198), scholars sought to contextualise the variability of women's experiences. Similarly, they described the immense cross-cultural differences and the ways in
Re-defining gender as a heinous crime: A case study from the Brazilian Chamber of Deputies
Discourse & Society
In this article, we explore how the discourses around gender are evolving at the core of Brazilian politics. Our focus lies on the discourses at the public hearing on the bill 3.492/19, which aimed at including “gender ideology” on the list of heinous crimes. We aim to identify the deputies’ linguistic representation of social actors as pertaining to in- and outgroups. In addition, the article analyzes through Critical Discourse Analysis how the terminology gender is represented in this particular hearing. The analysis shows how some of the conservative parliamentarians give a clearly negative meaning to the term gender, by labeling it “gender ideology” and additionally connecting it with heinous crimes. We propose that the re-signification of “gender ideology,” from rhetorical invention to heinous crime, is not only an attempt to undermine scientific gender studies but also a way for conservative deputies to gain more political power.
2020
This article analyzes the opinions of judges of the Brazilian Superior Court of Justice (STJ) in child neglect cases from a feminist perspective by "asking the woman question" to identify implicit male bias in legal concepts and standards that are apparently gender neutral. Several sexist arguments can be found both in opinions against awarding damages for child neglect and in opinions in favor of it. Sexist bias is shown in the disregard of legal doctrine, as well as of the ambivalent character of family relations and their hierarchical structure. This bias is further expressed in the devaluation of women's interests and life experiences, stereotyping, problems of logical reasoning as well as in the disregard of statutory rules. The article concludes that the STJ was unable to take into account the point of view of women and the circumstances in which child neglect actually takes place in Brazilian society today. The court developed a concept of harm that, although apparently gender neutral, is based on discriminatory reasons and has greater negative impact on women than on men. Feminist legal theory; gender bias; child neglect; tort law; precedents of the Brazilian Superior Court of Justice (STJ). Neste artigo, as posições defendidas pelos ministros do Superior Tribunal de Justiça (STJ) acerca da responsabilidade civil por abandono afetivo são analisadas de uma perspectiva feminista, com emprego de método pelo qual se tornam explícitos vieses machistas implícitos em conceitos e standards jurídicos aparentemente neutros. Encontram-se nas decisões analisadas diversos argumentos discriminatórios, tanto em votos desfavoráveis quanto em votos favoráveis à reparação por abandono afetivo. Os vieses machistas se mostram pela desconsideração da tradição jurídicodogmática e da doutrina especializada, bem como pela desconsideração do caráter ambivalente das relações familiares e suas estruturas hierárquicas, passando pela desvalorização expressa de interesses e experiências de vida femininas, pelo uso de estereótipos femininos negativos e por problemas de lógica argumentativa e interpretação sistemática do Direito, chegando até a desconsideração de norma legal expressa. Conclui-se que o STJ não foi capaz de levar em conta o ponto de vista feminino e as circunstâncias concretas em que o abandono afetivo acontece hoje no Brasil, tendo desenvolvido o conceito jurídico de dano indenizável em um sentido que, apesar de aparentemente neutro, é fundado em razões discriminatórias e atinge as mulheres de modo desproporcionalmente negativo em comparação com os homens.