O cumprimento de pena por estuprocontribuições institucionais, normativas, dogmáticas e teóricas

Resumo

Rape has been a criminal offense in Brazil since 1830. Over the past few decades, numerous legislative reforms have addressed sex crimes, particularly by revising laws that previously only protected married women deemed “honorable”, and upheld certain standards of sexual morality. These reforms have also sought to adapt sexual criminal offenses to encompass instances of sexual violence within domestic settings, involving family members and acquaintances. However, unlike the field of domestic violence, which underwent significant regulatory innovation with the enactment of the Maria da Penha Law, the regulation of sex crimes has seen limited change. Reforms in this area primarily focused on expanding the scope of criminal offenses to include more behaviors as criminal offenses and imposing longer prison sentence, reflecting an unusual alliance between feminists and conservatives. Against this backdrop, this thesis proposes an investigation into the judicial procedures to enforce rape sentences in Brazil and aims to understand the obstacles to promoting the "harmonious social integration of the convicted" for this crime (article 1 of the Brazilian Criminal Corrections Law). Through the observation and description of the concepts and practices within the criminal justice system to respond to sexual violence, as well as the rules governing corrections in rape cases, and the application of these rules and concepts by the Superior Court of Justice (STJ) and by judicial actors in five specific cases of domestic rape sentence enforcement, the study seeks, with empirical grounding, to (i) delineate the institutional framework for decision-making regarding parole in rape cases, and (ii) organize and categorize the levels of the social exclusion problem faced by those serving sentences for this crime: institutional, normative, dogmatic, and theoretical. The study concludes that there is an opportunity to center decision-making processes around the individual and their social connections, thereby aligning with the goals of the feminist movement, while also addressing the systemic vulnerabilities faced by those primarily targeted by the criminal justice system.

Ficha do documento

Tipo

Tese

Ano

2024

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/35209

Palavras-chave

Execução penalCrime de estuproFeminismoEstupro domésticoExame criminológicoSentencing and correctionsRapeFeminismDomestic rapeRisk assessment in parole decisionsDireitoEstuproCrime sexualCrime contra as mulheresPena (Direito)Processo penal (Brasil)