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Dissertação
A justiça restaurativa aplicada à violência contra a mulher como alternativa de garantia dos direitos humanos
This Technical Report aims to present data on domestic violence against women in the District of Guaraí-TO and perform a critical analysis of the phenomenon of retraction of representation in police investigations, based on the processes stored in the Court's digital process system. of Justice (E...
Autor principal: | Vignaga, Thais Gabriella Grigolo |
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Grau: | Dissertação |
Idioma: | pt_BR |
Publicado em: |
Universidade Federal do Tocantins
2023
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Assuntos: | |
Acesso em linha: |
http://hdl.handle.net/11612/5400 |
Resumo: |
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This Technical Report aims to present data on domestic violence against women in the District
of Guaraí-TO and perform a critical analysis of the phenomenon of retraction of representation
in police investigations, based on the processes stored in the Court's digital process system. of
Justice (E-PROC/TJ). The retraction rates of representation in the Comarca de Guaraí, by way
of sampling, point to a phenomenon that deserves attention: in 2017, there was a percentage of
54.43% of retraction by women who suffered domestic violence; in 2018, 42.16% and, in 2019,
22.22%. The analysis of the victims' terms of retraction, which maintained the person's secrecy,
was carried out from the reports still in the police phase, after the criminal representation, and
in court, at the time of the hearing designated under the terms of article 16 of Law no.
11,340/2006. Retraction is a woman's right and is provided for in the Maria da Penha Law,
however, we have seen that victims of domestic violence have difficulty in presenting a
motivation for retraction and, in general, they present the following reasons: there are no more
acts of violence of the partner towards her, informs that there was no more disagreement or that
the alleged aggressor stopped bothering her etc., leaving gaps as to the real reason for the
retraction, which may reveal ties of financial, emotional dependence, the couple's children, the
relationship family, and many other factors that make it difficult to break the relationship. This
Technical Report defends the mandatory intervention of the Judiciary in cases of retraction,
under penalty of the process being validated again, as well as presenting a defense of
Restorative Justice as a possible and expected alternative path to an outcome of the problem
with the monitoring and treatment of the family in situations of violence by a multidisciplinary
team. It is a proposal that seeks social pacification through the creation of restoration circles,
with a focus on guaranteeing the human rights of women, who cannot return to the environment
of aggression without a state response to the violence denounced. Both the woman and the
aggressor need monitoring and treatment mediated by the Justice System. Restorative Justice
presents itself as an alternative to Retributive Justice and is provided for by the National Council
of Justice, from Resolution no. 225/2016, being able to mediate cases of domestic violence with
less offensive potential to prevent the woman from returning to the environment of aggression
without any response, after retraction, as well as minimizing the impacts related to the litigation
by restoring relationships, or even avoiding the over-incarceration. In short, it has as its horizon
the guarantee of the Human Rights of both the victim and the aggressor. As research products
for the Professional Master's, we present: 1) A draft ordinance, suggesting to the Distinguished
Court of Justice the implementation of Restorative Justice in the Criminal Court of Guaraí, to
be applied to cases of domestic violence; 2) The Extension Project “Wake up woman!
Campaign for access to information for women in situations of violence in the State of
Tocantins”, aired on Rádio 96 FM (UNITINS), taking informative/educational/preventive
content to combat domestic violence to the corners of the State of Tocantins; 3) Scientific article
entitled “Women's Human Rights and Access to Information: an extension experience with a
Radio Program during the COVID-19 pandemic”, published in the Journal Humanidades e
Inovação; 4) Participation and publication in the proceedings of the VI International Seminar
on Fundamental Human Rights: “Restorative Justice and violence against women: possibilities
in times of a pandemic”. The Technical Report presents a research problem and some products,
as well as a proposed solution to combat or minimize it - an alternative conflict resolution
technique that can alleviate the damage caused to victims of domestic violence. |