CEU Electronic Theses and Dissertations, 2020
| Author | Daltoé, Camila Mafioletti |
|---|---|
| Title | Non-Intimate Feminicide In Brazil: Decolonial Jurisprudence Case-Analysis |
| Summary | Gender-based homicide (the killing of women based on their gender) represents the most extreme form of violence against women (VAW) and the final act on a continuum of gender discrimination. The recent feminist contribution to nominate and criminalize femi(ni)cide has provided instruments for social and legal analysis to prevent these avoidable—yet recurrent— deaths. This study explores judicial contributions that confront gender-based violence in cases of femi(ni)cides ‘resulting from contempt or discrimination against women’ in Brazil (article 121, 2 paragraph A, II). In light of the recent criminalization of femi(ni)cide in the country (2015), the judiciary system acquired instruments to address women’s homicide based on gender. While the first clause of the law relates to the already criminalized family and domestic violence against women, the second institues a novel approach by addressing non-intimate femi(ni)cides (defined as the murder of a woman based on gender by someone with whom she did not have a relationship). After five years of law enforcement, the judicial interpretations of the latter have not yet been investigated by scholars. By correlating the disputes during the approval of the law to the initial jurisprudence of non-intimate femi(ni)cide cases, I analyze judicial response to femi(ni)cide cases through a feminist and decolonial legal perspective which seeks to recover the memories of these women rather than to simply refer to them as numbers in the system. Understanding legal discourses as a limited and yet crucial sphere in which to confront gender-based violence, I analyze judicial contributions that combat gender-based violence whilst judging cases of femi(ni)cides. In this thesis, I argue that even in its limited capacity, judicial contribution using this feminist category of analysis represents important progress on legal discourses and practices to confront gender-based violence. |
| Supervisor | Sándor, Judit |
| Department | Gender Studies MA |
| Full text | https://www.etd.ceu.edu/2020/mafioletti_camila.pdf |
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