When domestic violence against women knocks on the door of civil courts: an analysis of lawsuits in civil courts in which the plaintiffs have been granted protective measures under the Maria da Penha law

Abstract

This research project aims to analyze data from civil family court cases in which the author has protective measures granted in lawsuits concerning domestic violence. Starting from the conception of hybrid jurisdiction, instituted by the Law 11340/2006, Maria da Penha Law (MPL), and from the hypotheses found in the literature about institutional violence within the justice system, we elected as the general objective of the project to analyze judicial decisions of the civil courts involving family conflicts in which the plaintiff has a request for a protective measure against domestic violence and seek to identify markers of revictimization of these women. As specific objectives, we intend to (I) conduct a systematic literature review on domestic violence against women, revictimization of women in the justice system, and hybrid competence, understanding this from the forecast in the Maria da Penha Law; (II) from the readings define previous categories of analysis of court cases and theoretical frameworks that can improve the discussion of the research data; and (III) understand the relationship between revictimization and the non-implementation of hybrid competence in the Courts of Domestic and Family Violence against Women. To this end, we will follow methodological strategies of empirical models, of qualitative type, from which data will be collected and statistics of judicial processes from the Court of Justice of São Paulo, The research will make use of data collected in the context of research carried out by the Study Group on Human Rights, Democracy and Inequalities of FDRP-USP, about protective measures in domestic violence. We expect that the research can provide subsidies for the scientific and critical analysis of the relationship between the non-implementation of hybrid jurisdiction and the occurrence of revictimization of women in the Brazilian justice system. In this way, the work also contributes to the reflection and implementation of the Maria da Penha Law. (AU)