Banca de DEFESA: Vitória de Macedo Buzzi

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : Vitória de Macedo Buzzi
DATE: 28/08/2023
TIME: 14:00
LOCAL: https://meet.google.com/gvv-jvna-dxg
TITLE:

They ripped her off me: Responsibility and reparation for a maternal death that occurred during the COVID-19 pandemic in Brazil

KEY WORDS:

Maternal death. COVID-19. Witness. State liability. Feminicide.

PAGES: 89
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This study is based on a case of maternal death that occurred during the COVID-19 pandemic in Brazil. The objective is to analyze ways of repairing and taking responsibility for the death of Viviane Albuquerque Lucena de Melo, a puerperal woman whose life was taken during the pandemic. Based on my astonishment at what happened to her, and the family's demand for reparation, I used my position as a researcher and lawyer to develop reparation from two perspectives: reparation through testimony, by recounting Viviane's experience during the pandemic, and reparation through litigation, by developing foundations that may support possible lawsuits of accountability. I work with the Foucauldian idea of revenge to develop reparation proposals that imply turning against the power that made Viviane disappear. My argument is built in three chapters: in the first, I talk about my approach to the case and the importance of telling the story of Viviane's death. I develop the idea of revenge and expose the forms of reparation thought by me: reparation through testimony and reparation through the proposal of a legal dispute. I make the ethical and methodological considerations for the case and discuss the files I leaned over to tell Viviane's experience, and the choice to address her by her real name to get her out of invisibility. In the second chapter, I portray the time of Viviane's death. I bring the scenario of maternal mortality in Brazil before the pandemic, analyze what could have been done to save pregnant people from death based on national and international documents and research, and report what they did with these women, or what decisions were taken by the Brazilian State to face the pandemic and high maternal mortality. In the third and final chapter, I develop the legal arguments that could build the foundations of possible disputes in Brazilian courts. I justify the choice to hold the Brazilian State and its then representative, Jair Bolsonaro, responsible for Viviane’s death, and discuss three possibilities for judicial redress: international accountability, civil accountability of the State, and criminal accountability of Jair Bolsonaro. I work on the idea that their conduct meant adopting a lethal policy in managing the pandemic, which I call an order of death. Consequently, I argue the possibility of treating Jair Bolsonaro's actions as homicides and feminicides of pregnant and postpartum women. I conclude that the Brazilian State, responsible for watching over Viviane's life and health, acted to kill her or let her die. To interpellate him in court, even if it does not guarantee a legal victory, forces him to face what he did to Viviane and witness her story.

COMMITTEE MEMBERS:
Presidente - 2458484 - DEBORA DINIZ RODRIGUES
Externa à Instituição - GABRIELA RONDON ROSSI LOUZADA - IDP
Interna - 1904522 - JANAINA LIMA PENALVA DA SILVA
Externa à Instituição - LUCIANA STOIMENOFF BRITO - ANIS