Navegando por Assunto "Direito da mulher"

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A violência contra a mulher e a legítima defesa antecipada: uma união juridicamente possível?
(Centro Universitário do Estado do Pará, 2020) Vergolino, Jamylle Regina de Melo; Doliveira, Vitória Moreira; Alves, Verena Holanda de Mendonça; http://lattes.cnpq.br/6473788796313910
The present work aims to make an analysis of the so-called “anticipated” Self-Defense, in situations of violence against women, in cases in which she cannot have a reaction at the exact moment of the aggression, coming to realize the legitimate defense in a moment of carelessness of the aggressor, cases in which these women have been suffering these aggressions for years. This thesis is widely discussed in the current world, since the doctrine classifies that crime is every typical, anti-legal and culpable action. However, there are some cases presumed in the Legal Order, which bring a possibility of excluding illegality, in cases where there are plausible justifications for the occurrence of the illegal act. The work will make an analysis of exceptional but existing situations that deserve to be analyzed in a more specific way, and the application of the thesis of the anticipated self-defense proposed by the penalist Claus Roxin and by the Federal Judge William Douglas and if this thesis can be applied to cases of women victims of domestic violence who decide to act against their aggressor in a moment of carelessness, because what differs it from the classic legitimate defense, there is no current and imminent aggression, there is only a future and certain aggression. The methodology used for the preparation of this work will be the deductive method with a qualitative approach, using bibliographic readings as a technique, as well as articles and documentaries that allow a better understanding of the chosen theme.
O aborto como uma imposição socioeconômica contra os direitos de escolha da mulher
(Centro Universitário do Estado do Pará, 2019-06-03) Prestes, Yasmim Coelho; Koury, Adilon Passinho; http://lattes.cnpq.br/1378173214805527; Santos, Andreza Casanova Von Grapp; http://lattes.cnpq.br/9121358785114807
This study intends to establish a discussion about abortion under the prism of women’s right to choose and how their social and economic condition impact on their power of choice, presenting concepts, typology of abortion, discussions on the subject, highlighting the assumptions abortion, and discussing feminism, with abortion as a socioeconomic imposition against women’s rights of choice. Thus, the objective of this study is to analyze the aspects that involve the impossibility of choosing women in situations of extreme socio-economic fragility in continuing with a pregnancy; analyze the aspects of the current context in the delimitation of the will and exercise of motherhood, reproduction and abortion in women; evaluate the difficulties in securing social equality for women in the contemporary world; and understand and dispose of abortion as a lack of choice in the face of women’s socio-economic conditions. This study proposes to answer the following question: can abortion be considered as an imposition and restriction of the right to choose women in conditions of extreme poverty? For that, the deductive method, the indirect documentary technique, was used through bibliographic research.
O direito penal brasileiro e o enfrentamento às violências de gênero contra a mulher pós Constituição Federal de 1988
(Centro Universitário do Estado do Pará, 2020) Félix, Renata Pacheco da Silva; Gomes, Roberta Alvarenga Seguins; Souza, Luciana Correa; http://lattes.cnpq.br/0993067012377712
The purpose of this article is to examine the evolution of women's rights and their criminal protection, due to historical, social, cultural and economic inequality, and to verify the results of this social control performed by the Criminal Law. To this end, the work presents –through bibliographic research- the historical-social construction of gender in Brazil and the consequent inequality and discrimination that have corroborated the important participation of feminist movements in drafting criminal laws to protect women. Through an analysis, without any pretension of exhausting the study on the subject, it can be observed that the international instruments to which Brazil is a signatory play an important role in influencing the structuring of the Constitution and infra-constitutional laws regarding the confrontation with the diverse gender violence suffered by women in this country. It is concluded that criminal law is losing its ultima ratio and is serving as an instrument of immediate punishment, but it is not the typification of conduct as a crime or criminal punishment that will, solely and exclusively, help reduce cases of gender violence against women, according to data presented. Awareness through access to formal education and incentives to public policies are paramount in addressing this problem in society.