THE MARIANA FERRER CASE AND CULPABLE RAPE: A LEGAL AND SOCIAL ANALYSIS OF INSTITUTIONAL VIOLENCE IN BRAZIL

Abstract

This article analyzes the Mariana Ferrer case, which mobilized Brazilian public opinion and sparked in-depth debates about the limits of the justice system in relation to the protection of victims of sexual violence. Based on the repercussions of the term "negligent rape", widely disseminated in the media, its legal non-existence and the social implications of its symbolic circulation are discussed. It also addresses the institutional conduct during the trial, in which the victim was revictimized due to omissions and offensive attitudes by legal professionals, constituting institutional violence. In response to popular commotion, specific legislation was proposed and approved, such as Law No. 14,245/2021 and Law No. 14,321/2022, which aim to protect victims of sexual crimes and punish public officials who contribute to revictimization. The article also examines public mobilization as a determining factor for the construction of a new legal-social paradigm, reinforcing the importance of popular participation and institutional responsibility. To this end, qualitative methods were used, based on a bibliographic review and critical analysis of legal and journalistic sources. It is concluded that the case goes beyond the individual sphere, becoming a symbol of resistance and cultural change in the treatment given to women by the justice system.