O comportamento das partes e do juiz numa perspectiva de processo e justiça : uma análise dos autos criminais em processos envolvendo mulheres em Vitória-ES entre 1871 e 1921
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Data
2025-11-10
Autores
Schultz, Claudinei
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Universidade Federal do Espírito Santo
Resumo
The scope of this research consists, in all its extension, in a gender discussion. The analysis of procedural legal institutions, their evolution, and application from the beginning of the research, although it may seem purely legalistic, has always been interconnected with discussions related to gender issues. Your object, as could not be different, was cut out so that it could be examined how individuals of different genders behaved in the boundaries of criminal procedure, using as sources of Public Archive of the State of Espírito Santo, Series of Inquiries from the Police Fund, whose time frames comprised the period from 1871 to 1921, a truly extensive and intense period, filled with social transformations that reflected changes in the legal paradigm. The analysis of criminal records was then directed toward cases involving Crimes of Wounding and Physical Offenses (terminology from the Criminal Code of 1830), and later, with the edition of the Penal Code of 1890, Bodily Injuries, examining the records in which women were victims or defendants, contrasting the treatment given to the parties by state authorities, whether men or women, making up the main objective of identifying the form, premises and development of women's relationships with the criminal process, in the period between 1871 and 1921 in the district of Vitória-ES. In a process in which there was always a woman, but with a majority of men, mainly perpetrators of the aggressions and in all cases in the position of State employees this research revealed that the criminal process was composed not only of state judges officially appointed but also involved a double judgment for women: a procedural judgment, which was believed to be unaffected by gender, and a moral judgment, silent, almost imperceptible, imposed not only by those responsible for judging but by all involved in the process, including women themselves, who unconsciously accepted subjugation, even though their behaviors challenged the invisible code of conduct that society of that time imposed on them
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Discussões de gênero , Processo Penal entre 1871 a 1921 , Ferimentos e ofensas físicas e lesões corporais , Gender discussions , Criminal Procedure between 1871 and 1921 , Injuries and Physical Offenses and Bodily Injuries