A violência doméstica e familiar contra as mulheres na região dos Campos Gerais do Estado do Paraná (janeiro de 2019 a junho de 2022): a jurisdição constitucional como instrumento à mitigação de um estado de coisas inconstitucional

Abstract

Gender violence against women, especially in the domestic and family sphere, is a historical, complex and multifaceted phenomenon, with criminal consequences that reveal alarming and exponential rates in Brazil. Despite the normative advances in the subject and the efforts of the Public Authorities to face the problem, mainly through the Criminal Justice System, the expressiveness of this criminal macro perspective raises questions about how did the problem get to this point and to what extent the Law can contribute to mitigate the issue of gender violence against women in Brazil. In this sense, the present work aims to verify whether the Brazilian situation of domestic and family violence against women, due to its particularities and dimension, characterizes the legal figure of the Unconstitutional State of Affairs, as conceived by the Constitutional Court of Colombia and transferred to Brazil, in deliberations of the Brazilian Supreme Court, authorizing the intervention of Law, through constitutional jurisdiction. For this purpose, various methods, techniques and research procedures are combined, of a theoretical and empirical nature, including bibliographical and documental research, as well as analysis of the situation, centered on the examination of the concrete reality of the performance of the Public Authorities in facing this violence in the Campos Gerais region of the State of Paraná, from January 2019 to June 2022. Data collection is carried out through the use of questionnaire and participant observation techniques. The study begins by contextualizing the phenomenon of violence against women through historical, social, political and legal analysis concerning the propagation of gender inequality in the West, paying attention to feminist analytical categories and examining Brazilian socio-political and legal specificities, until the enactment of the Maria da Penha Law. Next, an empirical study is carried out, focusing on the reality of combating domestic and family violence against women in Campos Gerais region in the State of Paraná, based on the comparison between the empirical data collected on the performance of Public Authorities in the local context and related bibliographic and documentary contributions raised, combined with other broader varied studies, in order to support the assessment of the criminal phenomenon in macro perspective. Subsequently, a theoretical incursion is done on the institute of the Unconstitutional State of Affairs, through bibliographical and documentary research and case studies, preceded by the analysis of the legal bases of constitutional jurisdiction and constitutionality control, followed by an operation to mold the concrete situation of domestic and family violence against women in Brazil to the assumptions of the Unconstitutional State of Affairs. Finally, the research explores the potentialities and challenges of relying on the Brazilian constitutional jurisdiction to mitigate the studied problem, concluding that it is appropriate to use the legal apparatus, respecting the constitutional guidelines. In order to achieve the translational perspective of the research, an appendix is prepared containing a petition model capable of practical use by institutional and social actors in the context of concentrated constitutionality control, containing the findings and practical suggestions of the research.