A ideologia patriarcal nas decisões judiciais: um panorama nacional das decisões judiciais em casos de violência doméstica e familiar contra a mulher

Abstract

The present work has as scope the analysis of the ideological influences of patriarchy in the judicial action when judging cases involving domestic and family violence against women. Notably, patriarchy has been preserved and perpetuated in modernity, contaminating all social spheres and judicial action, which is an obstacle to the implementation of the measures provided for in the Maria da Penha Law, so that training is necessary, with support in other areas Of knowledge, such as sociology and psychology, of professionals working in specialized areas, in order to prevent distortion of the purpose of specialized justice.Moreover, in the case of domestic and family violence, one must take into account the complexity of relationships involving conflicts, and it is possible to insert restorative justice through criminal mediation as an alternative or complement to the current judicial system, in comparison With retributive justice, bringing the possibility of alternatives to the resolution of conflicts, in crimes whose applicability of this approach is feasible and beneficial to the parties involved.