Banca de DEFESA: Elisa Borges Matos

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : Elisa Borges Matos
DATE: 29/01/2024
TIME: 09:00
LOCAL: https://us06web.zoom.us/j/81993572002
TITLE:

Sexual violence as a "lewd act" for the "satisfaction of lust": Reflections based on an empirical study on the crime of sexual harassment. 

KEY WORDS:

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

PAGES: 111
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

In this work, I scrutinize sentences addressing the legal classification of the crime of sexual harassment at the first instance of the judicial process. The primary objective is to understand how judicial decisions have interpreted said crime, whether its criminalization has contributed to broadening the proportionality of the convictions regarding crimes against sexual freedom and dignity, and in what ways gender norms are articulated in judicial decisions  x 2  related to this crime.To achieve this, empirical and documentary research was conducted based on the study and selection of sentences involving the Article 215-A of the Brazilian Criminal Code – whether it be in the initial charges, in requests for reclassification, or in the convictions – 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. The analysis unfolds in two parts. Firstly, I analyze the types of behaviors described in the sentences and the debates regarding their legal classification, the different locations where the events occurred, characteristics such as gender, age, and vulnerability of the victims, and their relationships with the defendants. Secondly, I analyze the arguments of the judges, focusing on categories that emerged as key elements of analysis during the research process: “violence or serious threat”, “lewd act”, and the intent to “satisfy the lust”. Finally, I highlight 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