Violência doméstica contra a mulher : prevenção, repressão epolíticas públicas no Brasil

Abstract

This research work deals with the system for the prevention and repression ofdomestic violence against women in Brazil, considered one of the most serious human rightsviolations. The principles of equality, public policies and affirmative actions for thepromotion of isonomic laws for the different genders are also discussed. In the present study,domestic violence, apart from being a crime, is also treated as one of the most insidious formsof discrimination, intolerance and disrespect for human dignity. In addition, the study makesthe distinction between domestic and non-domestic violence, in order to prevent them fromreceiving the same treatment. Further, the main causes and consequences of this kind ofcrime, as well as the profile of the victims and aggressors, are analyzed based on statisticaldata on domestic violence against women in Brazil and in other countries. Women rights arepresented as part of the human rights, according to the most important treaties published bythe United Nations and by the Organization of American States. The study includes theanalysis of the models for the prevention of domestic violence used in European and LatinAmerican countries. Also included are the penal legislation and the public policies developedin Brazil after the 1988 Constitution to implement the principle of equality (see art. 5º, I). Inthis sense, the limitations of the Law nº 9.099/95 and the sanctions included in the BrazilianPenal Code to repress this kind of offense are discussed. Finally, the study presents proposalsin order to promote equality between men and women in both social and family relations,with a view to prevent and punish the domestic violence in Brazil, through legislative changesand effective public actions.