A insustentável leveza da pena: viver/morrer das mulheres nas relações familiares à luz das práticas jurídicas do Estado do Amazonas

Abstract

The present work presents a study on (re) produced discourses in the cases processed and judged of violent deaths of women, in family relations in the State of Amazonas, understanding the particularities that involve these barbaric crimes against women, produced by the legal operators involved in the proceedings. The study was exploratory, qualitative quantitative approach, with a temporal cut from 2010 to 2015. We investigated 07 procedural cases in which the deaths of women were identified in family relationships. Discourse Analysis in Foucault (1986) was used to apprehend official practices that are imposed on those who speak or try to speak within a given discursive field. In the analysis of the collected date, it was verified that the family relations express themselves beyond the fraternal / affective tie, in which the highest incidences of crimes were against adult women representing 04 of the cases, in which the authors were the companions and son of the victims, while 03 are linked to crimes against children, in lethal actions perpetrated by parents / stepfathers / mothers. The presence of relations of force and at the same time the historical (re) production of oppression, subordination and feminine domination were perceived. The domestic environment also stands out as a negative factor, given that in these spaces women are more vulnerable, due to their daily exposure to the perpetrators of violence, and in the legal field a discursive logic aimed at a moral and social judgment about gender roles, disregarding the crime itself. The penalties applied to women are greater in similar crimes practiced by men, evidencing the power exercised over the woman's body. Of the defendants blamed in the cases, 01 case was convicted for less than 10 years, while 04 cases represent sentences of 11 to 20 years imprisonment and 02 cases correspond to convictions of more than 21 years of imprisonment. Considering the results obtained and the theoretical framework studied, it is concluded that crimes against women, based on gender, are invisible in the legal field, especially when it is not a question of conjugality. In addition, many deaths could have been avoided by considering the indicators of vulnerability that announce these lethal violence. Lastly, the legal field, even in the face of new legislation aimed at protecting women, still fails to repair the real damage caused to women by means of final sentences that contribute to the naturalization of oppression, subordination and violence against women. the women.