Contribuições das teorias feministas à emancipação das mulheres e a Lei 11340/2006 - Maria da Penha

Abstract

Gender is a concept that arises in discussions of the feminist movement. Historically, the woman was always treated with subordination in relation to man. Since ancient times, through the Middle Ages to the modern age, women are treated with a social attribute of inferiority. Feminism is a struggle that arises from social movements against hegemonic ways of thinking and oppressing the world, relations and gender positions. The Brazilian literature on violence against women has its origins in the early 80s, composing one of the main thematic areas of feminist studies in the country. Such studies are the result of social and political changes, following the development of the women's movement and the democratization process. One of the main goals of the movement is to give visibility to violence against women and fight it through social interventions, psychological and legal. The Maria da Penha law emerged as a protective microenvironment for women. It was sanctioned in honor of Maria da Penha Maia Fernandes, a victim of domestic violence who survived the attacks ex-husband, who tried to kill her twice leaving her paraplegia. With this in mind this work intended to present the achievements of the feminist movement in the emancipation of women and discuss the line of this emancipation with the guarantees of rights of Law 11.340 / 2006 (Maria da Penha) and the challenges experienced by these women in the punishment of the offender. The theme of the research is related to the measures provided for in this Law, which are applied in cases of violence is made a brief explanation of gender violence and the trivialization of the issue in society today. It also seeks to understand the importance of the feminist movement in the conquest of rights for women and the difficulties for the consolidation of policies and implementation of laws that are inclined to curb the crimes committed against this follow-up. Woven explanations, it is concluded that some factors outside the legal environment contribute to the perpetration of this violence, resulting in a greater public outcry and the difference between genders.