A mulher em conflito com a lei: uma análise criminológica sob a perspectiva da desigualdade de gênero

Abstract

The present research was developed in partnership with the PPGD/FDV in the area of Fundamental Rights and Guarantees concentration, in the line of research “System of Justice and Implementation of Fundamental Rights”. The research’s problem is to identify determinant causes of the practice of criminal conduct by women and to verify if there is a distinction, in the crime phenomenon, of its practice by women and men, considering that, until December 2020, 95,71% of the prison population in Brazil is male, and only 4.29% is formed by women. It aims to understand the problem of the role of criminology in the study of criminal behavior, from the analysis of the criminological discourse on women; to identify whether the criteria of sexual differentiation – that is, the separation of individuals in the male and female binary and the role that each one received in society as a result of cultural formation – represent significant factors that can generate subjectivities that inhibit criminal practice. In order to do so, the legality, constitutionality and legality of the social structure and power relations will be investigated; to inquire whether the issue of gender, male and female, based on the biological dichotomy, influences the production of subjectivities, self- recognition and perception of the other; investigate the influence of the social structure marked by male domination and female submission and, in the end, suggest new directions to be applied that may represent good cultural practices, in order to favor subjectivities for a better perception of the other and can contribute to social relationships. There were two hypotheses for the research problem, initially emphasizing that: the education model applied to women represented a determining factor in the production of subjectivities that increased their perception of the other and the consequences of the practice of a criminal act; the specificity of women, given their feminine nature, in Aristotle's conception, which has man as a pillar of survival, came to shape the behavior of women in society, placing them in a hierarchical position below, in order to form feelings of inferiority, which ends up hampering initiatives on the part of women, which may threaten the “balance” achieved, such as the practice of crimes. The research was developed by the bibliographic and documental review procedure, with content analysis. The line of research is critical-methodological, theoretical-sociological and dogmatic by deductive reduction. In conducting data and knowledge collection, Ronald Dworkin's theory of law as integrity was adopted as a theoretical framework, in order to unveil the juridically, constitutionality and legality of structures and power relations in social relations and in the application of Law by the criminal justice system, identifying the rational criteria to be used by the judging body, with a view to achieving the legitimate expectation of social pacification desired by the community. In this vein, the theoretical framework of the professor emeritus of the University of North Carolina, Frank Schmalleger, of the Italian philosopher and jurist Alessandro Baratta, was used; of Professor Cássius Guimarães Chai and of the transforming teachings of Professor Doctor Soraia da Rosa Mendes