BETWEEN SILENCE, SLOWNESS AND ACCESS TO (IN)JUSTICE: AN ANALYSIS OF THE OUTCOMES OF CRIMINAL PROCESSES FOR DOMESTIC VIOLENCE IN THE TERRITORY OF IRECÊ - BA (2013-2023)
Gender Violence; Maria da Penha Law; Trial with a Gender Perspective; Court of Justice of Bahia.
The text presented for qualification purposes presents a summary of professional experiences in advocacy with women in situations of domestic violence, as a continuation of studies carried out in specializations and master's degrees. The concern with the frequent slowness in the processing of cases and the observation of a common movement of stagnation after the granting of urgent protective measures, raised the question that structures this X 2 investigation: what are the reasons for this delay? The research was carried out based on data collected from the Court of Justice of Bahia on criminal cases for domestic violence that were processed between 2013 and 2023 in the 20 municipalities that make up the Territory of Identity of Irecê. With the support of bibliographic research that includes renowned references and national and international legal frameworks on the subject, with emphasis on the Trial Protocol with a Gender Perspective of the CNJ, and the reinforcement of interviews with authorities of the justice system and public security, the aim is to find an answer to the research problem identified. The hypotheses that structure the research objectives are: (1) the closure of districts in the interior of Bahia, which hinders access to justice; (2) the lack of permanent judges, which contributes to the slowness of legal proceedings and statutes of limitations; (3) the scarcity of specialized services for the support and guidance of victims; and (4) the lack of ongoing training on gender and violence for professionals in the service network, which aggravates institutional revictimization. Furthermore, the data collected reveal that, in many cases, protective measures are the only response effectively offered to women, which may have led to a mistaken interpretation by legal professionals that these measures replace criminal liability. The conclusions that will be reached by this research may contribute to suggestions for the construction of more effective public policies, with a critical reflection on the obstacles to offering a comprehensive response by the Judiciary to women in situations of domestic and family violence.