A construção da “mulher criminosa”: produção de subjetividades nos discursos judiciais

• Ano de defesa: 2022
• Autor(a) principal: Azevedo, Juliana Ribeiro
• Outros Autores: [e-mail]
• Orientador(a): Tangerino, Davi de Paiva Costa
• Banca de defesa: Mérida, Cristiane Brandão Augusto , Chies, Luiz Antônio Bogo
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade do Estado do Rio de Janeiro
• Programa de Pós-Graduação: Programa de Pós-Graduação em Direito
• Departamento: Centro de Ciências Sociais::Faculdade de Direito
• País: Brasil
• Palavras-chave em Português: Criminalização de mulheres; Discursos judiciais; Produção de subjetividade
• Palavras-chave em Inglês: Criminalization of women; Judicial speeches; Subjectivity production
• Área do conhecimento CNPq: CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PENAL
• Link de acesso: http://www.bdtd.uerj.br/handle/1/20085

This study aimed to know, from the use of Analysis of French’s line Discourse, the criminological interdiscourses present in the words of judges of the Court of the State of Rio de Janeiro (Tribunal de Justiça do Estado do Rio de Janeiro – TJRJ), in decisions handed down in criminal cases involving women as accused. It started from the perception, as demonstrated by numerous studies carried out within the Brazilian prison system, that women tend to suffer more violence when subjected to criminal control, although they represent a much smaller portion of the selected men. In addition, the research is justified by the patent need to deepen discussions on the transversality of gender relations with the criminalization processes from a perspective that is, at the same time, critical and aimed at promoting gender equality by the deconstruction of patriarchal model of society. The corpus of the analysis was obtained from the TJRJ electronic jurisprudence research and consists of decisions published between January and December 2013, selected from the application of several filters defined in successive steps of reading the initial material. From the Analysis of the French Discourse, mostly we used the tools of the assumption and of the interdiscourse, so that, by identifying the discursive assumptions adopted by the judges, it was possible to see which criminological interdiscourses behind criminalizing the actions of the State on these specific subjects. The investigation concluded by a still very strong presence of inquisitorial sources and positivist thinking about the "female criminality", consolidating the naturalization of inequalities based on unequal distribution of roles between genders, foundation of a sustained capitalist society on the institutions of the patriarchal family and private property. In the analyzed trials, it was revealed as the presence of these interdiscourses led to judgments of strong moralizing content, geared not only to the failure of the typified conduct, but also to rebuke the woman for noncompliance with a role and a role model socially expected of her gender, which was not seen as often than men judged in the same processes. Since the theoretical and methodological perspective adopted, the tension between the various speeches of a field produces agencements of subjectivity, so the moral discourse of the judiciary contributes to materialize subjectivities of selected women, who seem to be the tacit authorization of punitive burden to them intended by the state.