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A produção de justiça: um estudo sobre o juizado de violência doméstica e familiar contra a mulher

  • Garcia, Ísis de Jesus
Publication Date
Sep 20, 2016
Repositório Institucional da UFSC
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Abstract : This work aims to describe the judicialization processes of gender-based violence under the law No. 11.340/2006, known as Law Maria da Penha (Lei Maria da Penha) by means of a field research carried out in the Courts of Domestic and Family Violence against Women (Juizado de Violência Doméstica e Familiar contra a Mulher JVDFM) in a city of the State of Santa Catarina, in the period from June, 2012 to November, 2013. Based on the description of the ratification hearings it was possible to identify a shortage of law , whereas in the instruction hearings there was an excess of law . Between shortage of law and excess of law it was possible to identify a gap in the production of justice involving the mixture of law, Justice, the LMP law and politics. This gap pointed to the possibilities of the law and the impossibilities of justice. Justice is only possible as the experience of an aporia, that is, as experience; it is a search for a way. However, as an aporia, it makes the impossibility of justice obvious, for it is not enough in the search of full satisfaction. The production of justice in the ratification and instruction hearings showed that justice cannot be obtained through the LMP. This does not mean, however, that the implementation of the LMP should not be sought.

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