Violência doméstica na racionalidade da teoria normativa de Ronald Dworkin: a proteção da mulher entre as pretensões políticas e o direito na expressão da Lei nº 11.340/2006

Abstract

This dissertation seeks to reveal, in terms of public policy and the right to protect women, the fundamental value that should guide human relations, consisting of the dignity of treating others with equal respect and consideration. The act of escorting the theme, the protection of women between political pretensions and the Law in the expression of Law nr. 11.340/2006, implies the challenge of understanding how to treat the other, with light on how complex it seems to be to define the woman. It is defined as a general objective to identify public policies and the performance of the national Judiciary in the epistemological cut of domestic and family violence. The research problem is to question whether the women's defense system in Brazil, provided for in Law nr. 11.340/2006, is effective in promoting a freer, fairer, and more inclusive society. To face this problem, the research starts from the hypothetical-deductive method and uses as a procedure bibliographic research, with content analysis, through investigations with the Capes Dissertations and Theses database, using the most cited references in the search indexes. such as Google Scholar, Research Gate, Scielo, in addition to the chronological filter of research in published works for the last 5 years; and research and documents, which are carried out through non-probabilistic sampling based on IPEA data. In view of Ronald Dworkin's theoretical framework, the theoretical framework of this research, whose theories seek the integrity of values and the integration of Law, as well as incursions into the doctrines of Simone de Beauvoir and Judith Butler, the specific objectives are (i) to identify the political system given to cases of domestic and family violence, facing aspects of equality in the dialogue between Amartya Sen and Ronald Dworkin on State intervention in the realization of rights; (ii) understand the historical and cultural phenomena of gender violence in the theoretical approaches of Beauvoir and Butler, (iii) verify the scope of Law nr. 11.340 in an inclusive process and the (in)adequacy of the Judiciary Power's performance as the Superego of Society as a reinforcement of practices rooted in the patriarchal culture. From the scope of the established objectives, the working hypothesis is to recognize that the history of struggle and subjection of women in society is not yet over, as far as prejudices rooted in a patriarchal culture persist in positioning women in a place that does not it fits, of distinction and subjection, in the social and institutional scope. The barriers are structural, institutional, and cultural. In this projection, the choice of theme stems from its relevance, in view of the fundamental role of public policy of prevention to prevent domestic violence, and repression and resocialization when it is already installed, still projecting light for the Judiciary to act as indispensable to the promotion and well-being of all, for a more just and plural society. In the course of the final considerations, it is hoped that Law nr. 11.340 meets the end of equality with respect for the dignity of being a woman.