Negócios jurídicos processuais: a possibilidade de escolher qual processo utilizar

Abstract

The present work aims at constructing an understanding about domestic and family violence against women through a critical criminological approach, taking as main reference the propositions of Alessandro Baratta, and, therefore, adopted an analytical perspective on social and economic factors which contribute to the criminalization process, as well as the legal mechanisms and offcial instances of control of this form of violence and the conditions of female victimization, taking into account the forms of domination that lead to the reproduction of the problem. From a methodological point of view, a deductive approach was adopted, starting from the analysis of the legal, social and economic felds, and even of the praxis of the criminal justice system,in order to rationalize the instrumentalization of politics for dealing with this violence. Finally, it is concluded that there is a weakness in the penal treatment of the problem and the existence of a series of structural defciencies in the practical feld, which more often lead to the reproduction or intensifcation of power differences than to hatch prevention of episodes of brutality or the construction of an idea of equality between the sexes.