DE VÍTIMA À RÉ: A MULHER NO PROCESSO PENAL EM CRIMES DE VIOLÊNCIA DOMÉSTICA E CONTRA A LIBERDADE E DIGNIDADE SEXUAL

Abstract

This paper critically analyzes the phenomenon of revictimization of women who are victims of domestic violence and crimes against sexual freedom and dignity in criminal proceedings, in light of victimodogmatics and normative and jurisprudential evolution. It begins with the understanding of secondary victimization as an institutional mechanism that perpetuates gender inequalities and hinders victims' access to justice. To this end, the study investigates the historical evolution of Brazilian and international legislation aimed at protecting women, highlighting the Maria da Penha Law, the Feminicide Law, and the Mariana Ferrer Law, as well as major international conventions on the subject. The research demonstrates that, despite legislative advancements, structural barriers persist that hinder the effective protection of victims within criminal proceedings, particularly in the face of cultural and institutional resistance to deconstructing gender stereotypes. The adopted approach includes the analysis of paradigmatic cases that reveal victim-blaming and the perpetuation of unequal treatment in the criminal justice system. It is shown that victimodogmatics, when applied without due caution, can reinforce victim responsibility and weaken the punishment of aggressors, negatively impacting the perception of justice. The study concludes that overcoming revictimization requires the adoption of concrete measures aimed at humanizing criminal proceedings, such as training legal professionals, strengthening public policies, and implementing protocols that ensure dignified and respectful treatment of victims. The study reaffirms the need for effective state action that is sensitive to the demands of women victims of violence, ensuring that criminal proceedings do not become yet another instrument of oppression and institutional violence.