A criminalização da mulher e os estereótipos de gênero: uma análise do discurso judicial em delitos omissivos impróprios

Abstract

The insert of the gender concept in the field of the social sciences made possible the problematization of dichotomies socially built in the relationships between women and men, driving it an analysis of the feminine and masculine identities for besides the subject strictly biological. In spite of, it is still possible to verify in our society the reproduction of the gender representations under a hierarchical and biological optics, that stigmatizes and inferiorizes the woman. In view of that, this work part of the following subject: of wthat forms the Brazilian judicial speech deal with gender issues when it comes to the criminalization of the woman/mother in the analysis of the role of guarantor in the omissive-improper crimes in which the victims are your children? To answer her, the present research it was structured starting from the approach predominantly inductive, through the Grounded Theory, still making use of the techniques of bibliographical research and documentary. In a first moment, the theoretical contributions were developed on the space destined to the woman in the criminology, as well as the design of the social and historical construction of the gender concept in the Brazilian society. In a second moment, the work part for the verification in the way as it happens in practice the woman's criminalization in the judgement of omissive-improper crimes, through the analysis of decisions of the Tribunal of Justice of the Rio Grande do Sul. It was ended that, even with the several changes in relation to the role that in fact have been exercised by the women in the public sphere in the last decades, the reproduction of the gender stereotypes is still recurrent in the criminal system. That reflects the context in that the own agents of the system of criminal justice are inserted: a machist society and structurally patriarchal