Banca de DEFESA: Elisa Borges Matos

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : Elisa Borges Matos
DATE: 31/01/2024
TIME: 14:00
LOCAL: https://us06web.zoom.us/j/81993572002
TITLE:

“To satisfy the lust”? Criminal and procedural problematics observed through an empirical study about the crime of sexual harassment.

KEY WORDS:

Sexual Harassment; Sexual Offences; Gender; Empirical Research; Criminal Law; Criminal procedure.

PAGES: 80
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This work analyzes the application of the crime of sexual harassment in the first instance of the judicial system in order to understand how it has been differentiated from other criminal offenses against sexual dignity, whether its criminalization has contributed to increasing the proportionality in the punishment of this category of crimes, as well as how gender norms are articulated in judicial decisions related to this crime. To do so, empirical and documentary research was conducted based on the study and selection of sentences involving the Article 215-A from the brazilian Criminal Code – whether be it in the initial charge, in a reclassification request, or in the conviction – published between 2018 and 2022 and made available for public consultation on the website of the Court of Justice of Minas Gerais. The methodology of analysis of choice was Grounded Theory, with the aim of conducting a research that centralizes the studied empirical materials, rather than trying to fit them into preconceived purposes. Pursuing a critical perspective on gender, I adopted the philosopher Judith Butler's understanding of gender and gender norms as sensitizing concepts. In the first part, I analyze the types of behaviors described in the sentences and the debates regarding their legal classification, the different locations where the incidents occurred, characteristics such as gender, age, and vulnerability of the victims, and their relationships with the accused. I also observe the challenges related to the proper listening and assessment of the victim's testimony in cases of sexual violence. In the second part, I analyze the  arguments of the judges, starting from the categories that emerged as key elements of analysis during the research: "violence or serious threat," "lewd act," and the intent to "satisfy the lust." Finally, I identify these three categories as central axes for the development of a critical perspective and clear legal parameters regarding sexual crimes, as well as tools for (re)producing gender regulations, as they are instrumentalized to produce discourses that conceal the gendered power dynamics at play in the field of sexual violence.

COMMITTEE MEMBERS:
Presidente - 1952365 - CAMILA CARDOSO DE MELLO PRANDO
Interna - 1172631 - BEATRIZ VARGAS RAMOS GONCALVES DE REZENDE
Interna - 1159552 - ELA WIECKO VOLKMER DE CASTILHO
Externa à Instituição - ANA GABRIELA MENDES BRAGA - UNESP