Banca de DEFESA: EDUARDA TOSCANI GINDRI

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : EDUARDA TOSCANI GINDRI
DATE: 18/07/2024
TIME: 14:00
LOCAL: SALA DE VIDEOCONFERÊNCIA - FAULDADE DE DIREITO - UnB
TITLE:

SCENES, WORDS AND PRAYERS ABOUT STATUTORY RAPE: discursive boundaries, confessional appropriations and masculinities in TJDFT judgements

KEY WORDS:

Statutory rape, vulnerability, victim's word, sexual minority, masculinities, TJDFT

PAGES: 230
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This thesis carries out exploratory research on how legal-criminal categories related to the crime of statutory rape of are produced, disputed and transformed. To this end, it analyzes 55 decisions published by the Court of Justice of the Federal District and Territories (TJDFT) between January and June 2020. The corpus of analysis also includes documents that record discussions in the legal field on the topic, including doctrines, jurisprudence of the Brazilian Supreme Court and documents available on the Brazilian National Congress portal on the process of creating 09 legislations that amended Chapter I and Chapter II of Title VI of the Brazilian Penal Code (named Crimes against sexual dignity). Based on this research, the thesis identifies the narrative dynamics of the decisions, in which scenes of sexual violence are projected and analyzed through the stitching together of excerpts from testimonies and other decisions from the TJDFT or from other courts. From this, it arrives at the idea of “magic words” that produce transformative effects in scenes, and of “prayers”, which repeat stabilized and reproducible beliefs in judgments. Next, it explores the words that mediate the special zone of gravity in cases of sexual violence against vulnerable people, identifying three main discourses. The first two are “presumed violence” and “vulnerability”, both organized as legal categories. The third is “public interest”, given by the need to mediate proportionality, impunity and protection of children and women. Next, it explores the prayer about trust in the victim's word to denaturalize the categories of sexual crimes, taken as homogeneous and specialized due to the absence of witnesses and traces. At this point, it demonstrates how the victim's word is subjected to a confrontation procedure, which involves a confessional appropriation and meanings about victims, families, trustworthy men and women. Finally, it discusses how the points of view assumed by the judge and the elements sought in the scenes of violence speak of a male point of view on what was projected. It discusses how, then, the judge performs a benevolent masculinity that at the same time stands as a protector of women and children, but also aligns himself with and protects men he considers either good or just reprehensible. Finally, it presents proposals for conceptual tensions for this masculinity based on the resignification of categories in the field.

COMMITTEE MEMBERS:
Presidente - 1952365 - CAMILA CARDOSO DE MELLO PRANDO
Externa à Instituição - CAMILLA DE MAGALHÃES GOMES - UFRJ
Interna - 1159552 - ELA WIECKO VOLKMER DE CASTILHO
Externa à Instituição - LUCIANA SILVA GARCIA - IDP
Externa à Instituição - MARÍLIA DE NARDIN BUDÓ - UFSC