Disputas em torno do feminicídio: relações de poder em narrativas judiciais no tribunal do júri

Abstract

The law n° 13.104, published on March 9th, 2015, included in Brasilian Criminal Code the feminicide qualifier, to deal with homicides committed against women “for reasons of female condition”. Considering this legislative change, this dissertation has as research object the power relations that constitute the judicial narrative about feminicide within the scope of the jury court. Thereby, the main objective is to understand the power relations constitutives of the judicial narratives, mobilized by different legal actors during the feminicide trials, in the two Courts of Usina Jury Courts. Therefore, the methodology adopted consisted of carrying out the ethnographic research in the 1st and 2nd courts of the jury courts, from August 2019 to February 2020, watching the procedurally recognized as feminicide juries and analysing the minutes of the respective trial sessions, gathering this information with the statistical data obtained from the Secretariat of Security and Social Defense (SEDS/PB) and Paraíba Court of Justice (TJ/PB). Using the analytical categories provided by the fieldwork I seek: to investigate how power relations constitute judicial narratives in the midst of disputes about the truth of file cases and the justice of cases, considering the role of legal actors in the locus of the jury court; to analyse how de power relations based on gender and sexuality performances, class experience and racialization and criminalization processes make up the narratives of legal actors around the conformation of the victim’s place and executioner’s place in feminicide cases; and, still, to apprehend the meaning attributed to the feminicide category by the legal actors, investigating the contours given to the legal notion of domestic and family violence and contempt and discrimination against woman condition, through the judicial narratives mobilized in plenary. Based on a theoretical framework composed mainly by gender, sexuality and race studies and by Anthropology of Law works, the research findings analysis demonstrate that the power relations constitutives of the judicial narratives compose frames of intelligibility of what can be apprehended as feminicide, informs who can be legitimized as a victim or criminalized as an executioner and delimit the meanings of gender violence.