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The women and Brazilian criminal law: the criminalization of the gender and the lack of protection justified by the machism

Grant number: 13/04078-4
Support type:Scholarships abroad - Research Internship - Scientific Initiation
Effective date (Start): May 01, 2013
Effective date (End): June 30, 2013
Field of knowledge:Applied Social Sciences - Law - Public Law
Principal Investigator:Paulo César Corrêa Borges
Grantee:Helena Henkin Coelho Netto
Supervisor abroad: David Sanchez Rubio
Home Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil
Research place: Universidad de Sevilla (US), Spain  
Associated to the scholarship:12/17041-9 - The woman in light of Brazilian Criminal Law: an analysis of the criminalization of women from the theory feminist criticism and criminological, BP.IC

Abstract

Gender relations permeate society, its institutions and the phenomena. Criminal law is one of the basic institutions of the modern capitalist state, which has the police power to exercise control over the political and ideological underprivileged population, which would be more inclined to commit crimes, fought hard concept for critical criminology. A woman in Brazil, besides suffering discrimination by color and class, so concomitant suffers discrimination specify of their gender. Criminal law disfavors and put in danger the feminine through the sexism in two ways: by defining as criminal women who refused to consent to their bodies and their lives are overseen by the state, criminalizing conduct that could be discussed outside of the harvest criminal; omitting to protect criminal phenomena substantially sexist, such as the trafficking of women for prostitution. It is necessary to analyze the criminalization of women on the one hand, and lack of supervision by the state criminal women on the other, from another viewpoint than the sexist and patriarchal in order to identify other forms of sociability, no longer grounded in androcentrism. (AU)