O Feminicídio nas cidades-gêmeas fronteiriças do estado de Mato Grosso do Sul (2015-2021): do patriarcado ao trânsito em julgado

Abstract

This qualitative bibliographical and documentary research aimed to analyze the relationship between patriarchy and violence against women, focusing mainly on femicides that occurred in twin cities in the State of Mato Grosso do Sul. To this end, the research started by carrying out an investigation on patriarchy, considering that violence against women is rooted in the structuring of society. This structure was socially constructed over time, based on the perpetuation of relationships of male domination (Bourdieu, 2012), and is strengthened through the transmission/imposition of principles that establish the domination of one sex (female) by another (male). Within this structure, biological differences (anatomical differences in the sex organs) are deliberately chosen (highlighting differences and obscuring similarities) and used to justify a differential treatment of men and women, based on a social construction of the body which endorses an androcentric view. Power relations (Foucault, 1987, 1988, 1997, 1999, 2002, 2010) also reveal sources of violence against women, since, in a disciplinary society, devices are implemented to control women's bodies and sexuality. Moreover, the studies developed by feminist theorists (Butler, 2003; Beauvoir, 2016; Davis, 2016) corroborate that, while sex is a biological factor, gender was constructed by society and is marked by a hierarchy that places men above women and by women being oppressed. Violence against women, especially in its domestic and family facets, is characterized by routinization, a continuum of violence in cycles, and it can lead to the affected woman’s death if no external interference occurs, especially in situations in which the woman is co-dependent on the aggressor. This research thus focused on the study of femicides, addressing theoretical contributions on this topic and carrying out documentary research in the elected locus (twin cities of the State of Mato Grosso do Sul). The documentary research involved the analysis of ongoing and concluded judicial processes related to femicides or attempted femicides which took place between 2015 and 2021 in the cities of Mundo Novo-MS, Paranhos-MS, Coronel Sapucaia-MS, Bela Vista-MS, Corumbá-MS and Porto Murtinho-MS. Particularities of the crimes were extracted during the analysis, seeking to carry out an intersectional analysis. The results highlight the inseparable link between patriarchy and femicides, especially considering that the vast majority of the crimes occurred due to a man not accepting the end of a romantic relationship. Some peculiarities of border femicides were also identified. The research then examined measures to deter violence against women, based the perspective of feminist criminology. The analysis concludes that, although repressive measures should be applied only in exceptional cases in the criminal sphere, based on principles of the theory of penal guarantees, and although they are not able to solve gender violence by themselves, these measures remain as a necessary instrument to address this type of violence. However, repressive measures should be supplemented by preventive measures, listed in the Maria da Penha Law. In this context, educational practices stand out as important tools in the fight against gender violence. This research therefore also carried out an analysis on this topic, focused mainly on Mato Grosso do Sul State Law No. 5.539/2020, which included basic notions related to Law No. 11.340, of August 7, 2006 (Maria da Penha Law) as a crosssectional content to be taught in the state's public schools.