BETWEEN THE NORM AND PRACTICE: SYMBOLIC VIOLENCE AND FEMALE REVICTIMIZATION IN THE JUSTICE SYSTEM FROM THE MARIANA FERRER CASE

Abstract

This article investigates institutional violence against women in the Brazilian justice system, analyzing the gap between the advances brought by the 1988 Constitution and the persistence of patriarchal practices. The research adopts a qualitative, descriptive-analytical approach, using the deductive method with bibliographical and documentary procedures. Initially, the constitutional framework of human dignity and the protective legislative evolution are discussed. Under the theoretical framework of Pierre Bourdieu and Heleieth Saffioti, it analyzes how male domination is converted into symbolic and institutional violence, acting in the delegitimization of female accounts. Finally, the Mariana Ferrer case is used as a unit of analysis to highlight the dynamics of revictimization and the limits of legal action against gender stereotypes. It is concluded that, although the legal system presents solid foundations and innovations such as Law 14.245/2021, the realization of these rights depends on overcoming the patriarchal legacy in legal culture.