Política criminal e gênero: das estratégias de proteção à mulher a partir do pacote anticrime ao potencial da utilização das unidades portáteis de rastreamento no estado de Pernambuco.

Abstract

Feminist movements, aiming at “empowerment”, demanded greater penal toughening, which resulted in the creation of the Maria da Penha Law – Law No. 11,340/2006. The intensification of abstractly foreseen penalties legitimizes the objective of the legal system, but this rule is inappropriate for domestic and family problems, manifesting penal symbolism. The criminal justice model, despite repressing violence, has not been effective given the complexity of this phenomenon and the peculiarities of the victims in question. In this way, this work aims, under the aegis of Critical Criminology, to identify the mechanisms for protecting women implemented in the Maria da Penha Law, based on the Anti-Crime Package, in addition to verifying the potential of portable tracking units as an alternative protection model. of victims of domestic violence, based on the analysis of data collected at the Women's Secretariat of the State of Pernambuco, from 2013 to 2024. To achieve these objectives, in addition to the documentary and bibliographic study, empirical research was carried out at the Women's Secretariat Woman from the State of Pernambuco. The data were analyzed based on previously established criteria in order to draw up a profile of women who suffer domestic violence, are served by the Women's Secretariat of the State of Pernambuco and make use of portable tracking units, namely: age, marital status, sexual orientation, race/ethnicity, religion, monthly income, education, profession/occupation, relationship with the aggressor, whether there was physical violence, sexual violence, patrimonial violence, psychological violence, moral violence, time living with the aggressor , how long ago the attacks occurred, the period from the first attack until the complaint, whether there were death threats and whether there was an attempted femicide. In addition to these variables, impressions were also collected about electronic monitoring and the effectiveness of portable tracking units. The results obtained indicated the historical selectivity of violence perpetrated by control mechanisms and increased punishment, which seduce with the possibility of assuming the defense of social interests of the greatest relevance, but do not deliver what they promise. Furthermore, the data collected revealed that victims were satisfied with the tracking policy and the need to expand and strengthen it in order to increase the protection network for these women, place them as protagonists in this conflict and, consequently, combat the cycle. of domestic violence. Despite the stigmas, giving visibility to the electronic monitoring policy is to contain the wave of mass incarceration and minimize the contradictory effects of the criminal justice system experienced in the context of domestic violence. This thesis was submitted to the PPGD of UNICAP, linked to the Research Line Jurisdiction, Citizenship and Human Rights and to the Research Project of Prof. Dr. Marília Montenegro Pessoa de Mello, entitled “From the Special Criminal Court to the Maria da Penha Law : the expansion of Criminal Law in domestic violence against women in Brazil”.